Updated: Oct. 25, 2017 (Initial publication: May 27, 2016)
This working paper initially served as a basis for a synthesis report made in French in the colloquium organized by the Association Henri Capitant in the International German Days on the subject of "Le Droit et la Mondialisation" (Law and Globalization).
It serves as a second basis for the article (written in English, with a Spanish Summary) to be published in the Brezilian journal Rarb - Revista de Arbitragem e Mediação (Revue d`Arbitrage et Médiation).
In it French version, it serves as a basis for the article, written in French, to be published in the book La Mondialisation.
In this working paper, notes are included, including developments, references and links to work and reflections on the theme of globalization.
It uses the Bilingual Dictionary of the Law of Regulation and Compliance.
To access the French version of the working paper, click on the French flag.
Globalization is a confusing phenomenon for the jurist. The first thing to do is to take its measure. Once it has been taken, it is essential that we allow ourselves to think of something about it, even if we have to think about it. For example, on whether the phenomenon is new or not, which allows a second assessment of what is taking place. If, in so far as the law can and must "pretend" to defend every being, a universal claim destined to face the global field of forces, the following question - but secondary - is formulated: quid facere? Nothing ? Next to nothing ? Or regulate? Or can we still claim that the Law fulfills its primary duty, which is to protect the weak, including the forces of globalization?
Let us begin the peripheries of Law in globalization.
Globalization is a confusing phenomenon for everyone. It is no doubt even more so for the jurist for whom words are normative acts and which stumbles on the definition of globalization
Perhaps this is why lawyers are as impressed by the argument of globalization, which is often cited to argue that the time of imperative legislations is over, or that Roman law may well turn into its grave, Globalization would pass over the corpse of the Civil Code. The more mysterious the notion is, the more names it has, the more it sets back the jurist of good tradition, global trade being as upgraded when it is designated as "globalization", the zest of English leading to the globalization that parses Of reports, even written in French or Spanish or Italian. . The global language being English, the Globalization is English also.
If we take up the movement of this wave, it is appropriate first of all to take stock of what is globalization (I). It is only relevant that the usefulness, if not necessity, is posed to think about this movement of globalization. There is a legal imperative to formulate an assessment if it is posited that the Law has the mission of protecting every human being, a concern that is supported by the Law. Then, because Law is also a technique, we can ask ourselves the question of Quid facere? But in practice it can not be said that under the pretext that the field of the world forces is very powerful and that the Law appears to be very weak in its claims to protect every human being in its dignity, it would for this reason disappear from the World stage (II).
On the contrary. It is at the foot of the wall of Globalization that today we can measure the claim of Law to defend humanity.
S. for ex. Frison-Roche, M.-A., Les deux mondialisations (The two globalizations), written en French,
March 17, 2004
Thesaurus : Doctrine
Référence complète : Timsit, G., La régulation. La notion et le phénomène, Revue Française d'administration publique, 2004-1, n°109, p.5-11.
L'auteur souligne que le mot "régulation" n'apparaît pas dans le Dictionnaire de la culture juridique. Pourtant "elle existe" et présente même une unité. Elle révèle une crise de la normativité classique.
En effet, que l'on soit dans l'État à travers la volonté souveraine ou dans le Marché à travers la formation des prix, la norme était classique exogène. Aujourd'hui, il y a défaillance et la Régulation apparait comme un moyen de pallier cette défaillance.
La Régulation pallie ainsi les défaillances du marché, mais aussi les défaillances de la hiérarchie des normes et les défaillances de légitimité des autorités, les opérateurs demandant à participer à la norme, dans une démocratie plus participative.
Les étudiants de Sciences po peuvent accéder à l'article par le drive de Sciences po (dossier "MAFR Régulation").
March 21, 2003