Law and Globalization 2020/21
Dr. Mathieu Burnay
Introduction
● Big questions relate not only to the ways globalization has influenced the law, but also
how the law can act as a shield or a driver of globalization
○ Negative externalities of globalization
● Looking at interactions between different levels of normativity and different sources
○ Situations in which the State is not the centre of normativity
● Focus on the role played by International Organizations (IOs) and International Forums
(IFs)
Introduction to the Course
● To introduce the phenomenon of globalisation, its different meanings, its interface with
law, raising the question of whether globalisation represents a historically new
development.
● To provide an overview of the evolving role and status of Multinational Enterprises
(MNEs) in a globalised legal landscape as well as their responsibility/liability in view of
international law and international human rights law.
● To present a critical overview of the evolving nature of sovereignty across time and
geography, raising the question of whether globalisation has supported the emergence
of a post-Westphalian international order.
● To identify the strengths and shortcomings of Corporate Social Responsibility (CSR) and
other forms of companies self-regulation mechanisms in view of the UN Guiding
Principles on Business and Human Rights.
● To situate the narrative on the law-development nexus as well as introduce the specific
challenges facing rule of law programmes (i.e. legal pluralism).
● To critically assess the role played by International Financial Institutions in shaping
globalisation.
Topics
1. Law and Globalisation
2. Multinational Enterprises
3. International Investment Law
4. Sovereignty
5. Business and Human Rights and Corporate Social Responsibility
6. Law-Development Nexus
7. Law and Development in China
8. International Financial Institutions
9. Tax Evasion
1
,Law and Globalization 2020/21
Dr. Mathieu Burnay
Recommended Events
● AI Revolution: European and Chinese Perspectives
● European Union-China Comprehensive Agreement on Investment (EUPLANT and
Asia-Pacific FDI Network)
● China’s Civil Code (EUPLANT and AJQS)
Evaluation
● Paper:
○ 2500 Words
○ 50% of the final grade
○ See: Proposed essay topics + guidelines on essay writing
○ Deadline: 22 April 2021
● Final Exam:
○ 24 hour online exam
○ 50% of the final grade
Law and Globalization
1. Globalisation as a Concept
2. Law and Globalisation:
○ Actors
○ Instruments
○ Values
Globalisation as a concept
● Globalism : 'A state of the world involving networks of interdependence at
multicontinental distances. The linkages occur through flows and influences of capital
and goods, information and ideas, and people and forces, as well as environmentally and
biologically relevant sub stances (such as acid rain or pathogens).‘ (Keohane and Nye
2000)
● => Globalisation and deglobalisation refer to the increase or decline of globalism.
● Globalisation: ‘It is the closer integration of the countries and peoples of the world
which has been brought about by the enormous reduction of costs of transportation and
communication, and the breaking down of artificial barriers to the flows of goods,
services, capital, knowledge and (to a lesser extent) people across borders’ (Dine 2001)
● Different Dimensions of the Phenomenon
○ Economic globalism
○ Military globalism
2
,Law and Globalization 2020/21
Dr. Mathieu Burnay
○ Environmental globalism
○ Social and cultural globalism
● To what extent is globalisation new?
○ Previous waves of globalisation:
■ Europe’s global expansion in the late 15th century onwards and in the
late 19th century
■ Post-1945 and the impetus for internationalism
■ Post 1980 (?) new wave of globalisation
○ But quid of Roman Empire, the unification of Europe under the Church in the
Middle Ages, the Reformation and religious wars, the age of empires to the
present day?
○ Zheng He (15th Century)
■ First time when Chinese explorer discovered Africa as early as the early
years of 15thC
■ Yet… we always think about Columbus (even if China was almost a
century before)
■ Compare size of Chinese boats:
■ Thicker globalism, higher density of networks of interdependence:
● No Eurocentrism anymore (Ex: Belt and Road Initiative)
● More interconnections and awareness of these connections
● Significance of distance varies greatly by issue area
● Reduced cost of communications (i.e. importance of digitalisation)
3
, Law and Globalization 2020/21
Dr. Mathieu Burnay
● Increased number of participating actors (i.e. complex
interdependence):
○ 'Multiple channels between societies, with multiple actors,
not just states; multiple issues, not arranged in any clear
hierarchy; and the irrelevance of the threat or use of force
among states linked by complex interdependence.‘ –
(Keohane and Nye 2000)
Actors, Instruments, Values
● How are we governed globally (if not only by states), what is the impact of globalisation
on law, and what is the role played by law in a globalised world?
● Key argument: Global legal order is characterised by a plurality of actors, legal
instruments, and values.
● Plurality of actors: ‘The governance triangle’ (Abbott and Snidal, 2009): state, business,
and civil society actors.
● Plurality of legal instruments:
○ National and sub-national laws
○ International law
○ Supranational law
○ Transnational law
○ Private standards and Codes of Conduct
4
Dr. Mathieu Burnay
Introduction
● Big questions relate not only to the ways globalization has influenced the law, but also
how the law can act as a shield or a driver of globalization
○ Negative externalities of globalization
● Looking at interactions between different levels of normativity and different sources
○ Situations in which the State is not the centre of normativity
● Focus on the role played by International Organizations (IOs) and International Forums
(IFs)
Introduction to the Course
● To introduce the phenomenon of globalisation, its different meanings, its interface with
law, raising the question of whether globalisation represents a historically new
development.
● To provide an overview of the evolving role and status of Multinational Enterprises
(MNEs) in a globalised legal landscape as well as their responsibility/liability in view of
international law and international human rights law.
● To present a critical overview of the evolving nature of sovereignty across time and
geography, raising the question of whether globalisation has supported the emergence
of a post-Westphalian international order.
● To identify the strengths and shortcomings of Corporate Social Responsibility (CSR) and
other forms of companies self-regulation mechanisms in view of the UN Guiding
Principles on Business and Human Rights.
● To situate the narrative on the law-development nexus as well as introduce the specific
challenges facing rule of law programmes (i.e. legal pluralism).
● To critically assess the role played by International Financial Institutions in shaping
globalisation.
Topics
1. Law and Globalisation
2. Multinational Enterprises
3. International Investment Law
4. Sovereignty
5. Business and Human Rights and Corporate Social Responsibility
6. Law-Development Nexus
7. Law and Development in China
8. International Financial Institutions
9. Tax Evasion
1
,Law and Globalization 2020/21
Dr. Mathieu Burnay
Recommended Events
● AI Revolution: European and Chinese Perspectives
● European Union-China Comprehensive Agreement on Investment (EUPLANT and
Asia-Pacific FDI Network)
● China’s Civil Code (EUPLANT and AJQS)
Evaluation
● Paper:
○ 2500 Words
○ 50% of the final grade
○ See: Proposed essay topics + guidelines on essay writing
○ Deadline: 22 April 2021
● Final Exam:
○ 24 hour online exam
○ 50% of the final grade
Law and Globalization
1. Globalisation as a Concept
2. Law and Globalisation:
○ Actors
○ Instruments
○ Values
Globalisation as a concept
● Globalism : 'A state of the world involving networks of interdependence at
multicontinental distances. The linkages occur through flows and influences of capital
and goods, information and ideas, and people and forces, as well as environmentally and
biologically relevant sub stances (such as acid rain or pathogens).‘ (Keohane and Nye
2000)
● => Globalisation and deglobalisation refer to the increase or decline of globalism.
● Globalisation: ‘It is the closer integration of the countries and peoples of the world
which has been brought about by the enormous reduction of costs of transportation and
communication, and the breaking down of artificial barriers to the flows of goods,
services, capital, knowledge and (to a lesser extent) people across borders’ (Dine 2001)
● Different Dimensions of the Phenomenon
○ Economic globalism
○ Military globalism
2
,Law and Globalization 2020/21
Dr. Mathieu Burnay
○ Environmental globalism
○ Social and cultural globalism
● To what extent is globalisation new?
○ Previous waves of globalisation:
■ Europe’s global expansion in the late 15th century onwards and in the
late 19th century
■ Post-1945 and the impetus for internationalism
■ Post 1980 (?) new wave of globalisation
○ But quid of Roman Empire, the unification of Europe under the Church in the
Middle Ages, the Reformation and religious wars, the age of empires to the
present day?
○ Zheng He (15th Century)
■ First time when Chinese explorer discovered Africa as early as the early
years of 15thC
■ Yet… we always think about Columbus (even if China was almost a
century before)
■ Compare size of Chinese boats:
■ Thicker globalism, higher density of networks of interdependence:
● No Eurocentrism anymore (Ex: Belt and Road Initiative)
● More interconnections and awareness of these connections
● Significance of distance varies greatly by issue area
● Reduced cost of communications (i.e. importance of digitalisation)
3
, Law and Globalization 2020/21
Dr. Mathieu Burnay
● Increased number of participating actors (i.e. complex
interdependence):
○ 'Multiple channels between societies, with multiple actors,
not just states; multiple issues, not arranged in any clear
hierarchy; and the irrelevance of the threat or use of force
among states linked by complex interdependence.‘ –
(Keohane and Nye 2000)
Actors, Instruments, Values
● How are we governed globally (if not only by states), what is the impact of globalisation
on law, and what is the role played by law in a globalised world?
● Key argument: Global legal order is characterised by a plurality of actors, legal
instruments, and values.
● Plurality of actors: ‘The governance triangle’ (Abbott and Snidal, 2009): state, business,
and civil society actors.
● Plurality of legal instruments:
○ National and sub-national laws
○ International law
○ Supranational law
○ Transnational law
○ Private standards and Codes of Conduct
4
