Global Law: Contemporary Challenges, Future Perspectives
Disponível somente em PDF. Extraído do Repositório Digital da FGV.
“This book offers a synthesis of the main debates which have taken place within the pioneer Global Law Program at FGV Law School in São Paulo, Brazil. It presents a selection of papers discussing, from the Brazilian perspective, some of the most challenging contemporary problems of globalization. With emphasis on the interconnectedness of these problems, the chapters discuss a set of complex issues such as tax policies harmonization, environmental protection, the restructuring of state machinery and its changing nature, the problem of immigration, and the novel conceptual framework for discussing law and development.
The complexity of each individual theme, coupled with the various viewpoints from which they are discussed, underscores the relevance of rethinking the connection between theoretical models springing from markedly diverse national realities, a proposal which is at the heart of the Global Law Program at FGV. The chapters in this volume display such variety, either from a geographical standpoint (with contributions by scholars working in Brazil,
Europe, United States, and Asia), or from the methodological perspective adopted (case studies, theoretical discussions, analyses of normative texts). Taken together, they allow a concrete expression of the role that different theoretical strategies have on our perception of globalization.
The urgent need for a new conceptual framework to face the sweeping, fast-paced changes in the wake of globalization is also the focal point of Michael Schillig’s ‘EU Framework for Reservation of Title’ and John I. Forry’s ‘Taxing Multinational Enterprises: Basic Issues of International Income Tax Harmonization’. Nuno Cunha Rodrigues’s “The Use of Public Procurement as a Non-Tariff Barrier: Relations between the EU and the BRICS in the Context of the New EU Trade and Investment Strategy” discusses the tension between national and regional regulation in face of new global regulatory spaces. These texts scrutinize the challenges that unprecedented political-economic designs present to law and, more specifically, to the theoretical-practical models of economic regulation.
Courts all around the world have played an important role in this effort to enable law to cope with the new globalized context. ‘Law and Economics in the Civil Law World: The Case of Brazilian Courts’, by Bruno M. Salama and Mariana Pargendler, is an in-depth case study of the limits and possibilities for judicial intervention in this arena. Their findings closely dialogue with Zeynep Derya Tarman’s argument in ‘Jurisdiction and Governing Law in International Business Contracts under Turkish Law’.
The recreation of institutional designs represents another major strategy to cope with a global context which is, at the same time, more integrated and more diverse. Institutional reengineering has been discussed in different areas, as exemplified in this book by Weitseng Chen’s ‘Institutional Arbitrage: China’s Economic Power Projection and International Capital Markets’ (economy); Cristina Barettini’s ‘The Valletta Summit on Migration’
(human rights); and Alexandre Pacheco da Silva and Victor Nóbrega Luccas’s ‘Picking the Wrong Winners: Evaluating a Legal Policy beyond the Law’ (cultural goods). José M. de Areilza’s ‘Law and Politics to Formulate the Next European Utopia’ suggests that these new arrangements are indices of deeper transformations in the legal-political global order.
New legal professionals will be needed to make law function in this transformed world. The trials to educate these professionals are discussed in Lynn P. Cohn’s ‘The Case for Including Negotiation, Dispute Resolution and Problem-Solving Teaching in the Law School Curriculum and How to Get Started” and in Jedidiah J. Kroncke’s “Teaching International Labor and Employment Law: The Comparative Foundations of Transnational Pedagogy’.
The collection of texts in this volume aims at fostering debates over traditionally accepted theoretical models and enhancing the role local realities play on global thinking. This is the idea at the heart of the Global Law program which it synthesizes.”