This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process.
Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment.
This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.
Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and the late Andre van der Walt, formerly South African Research Chair in Property Law and Professor of Law, Stellenbosch University, South Africa
Contents: Introduction and Editorial Preface Michael Faure and Andre van der Walt PART I: GLOBALIZATION, DEMOCRACY AND ACCOUNTABILITY 1. Democracy and (European) Private Law: A Functional Approach Jan Smits 2. Public Accountability of Translational Rule Making: A View from the European Union and Beyond Deirdre Curtin PART II: HARMONIZATION VERSUS DECENTRALIZATION 3. Private Law in a Globalizing World: Economic Criteria for Choosing the Optimal Regulatory Level in a Multi-level Government System Roger Van den Bergh 4. Globalization and Harmonization of International Trade Law Sieg Eiselen PART III: PUBLIC LAW 5. The Relation between Private Law and Administrative Law in View of Globalization Frits Stroink 6. Beyond Parochialism? Transnational Contextualization in Constitutional Interpretation in South Africa (with Particular Reference to Jurisprudence of the Constitutional Court) Lourens du Plessis 7. Globalization, State Commercial Activity and the Transformation of Administrative Law Geo Quinot PART IV: CORPORATE GOVERNANCE 8. Globalization: Selected Developments in Corporate Law Bas Steins Bisschop 9. Globalization and Corporate Law Philip Sutherland PART V: PROCEDURAL ISSUES 10. Civil Procedure in a Globalizing World Remco van Rhee PART VI: HUMAN RIGHTS AND THE ENVIRONMENT 11. Fundamental Rights in Private Law: Anchors or Goals in a Globalizing Legal Order? Siewert Lindenbergh 12. Globalization and Multi-level Governance of Environmental Harm Michael Faure 13. The Rule of Law and Judicial Activism: Obstacles for Shaping the Law to Meet the Demands of a Civilized Society, Particularly in Relation to Climate Change? Jaap Spier PART VII: COMPARATIVE CONCLUSIONS 14. Comparative and Concluding Remarks Michael Faure and Andre van der Walt Index