Governing Globalization
Scientific Committee
Alberto Alemanno, Luis Arroyo Zapatero, Emmanuel Breen, Laurent Cohen-Tanugi, Mireille Delmas-Marty, Pavlos Eleftheriadis, Jean-Gabriel Flandrois, Antoine Gaudemet, Aurélien Hamelle, Noëlle Lenoir, Emmanuelle Mignon, Astrid Mignon Colombet, Alain Pietrancosta, Pierre-Louis Périn, Sébastien Pimont, Pierre Servan-Schreiber et Jorge E. Viñuales.
President of the Scientific Committee
Guy Cavinet
Chiefs editors
Hugo Pascal et Vasile Rotaru
Publication editor
Gilles Gressani et Mathéo Malik
Editorial Board
Lorraine De Groote et Gérald Giaoui (Dir.), Dano Brossmann, Jean Cattan, Pierre-Benoit Drancourt, David Djaïz, Sara Gwiadza, Joachim-Nicolas Herrera, Francesco Pastro, Armelle Royer
Introduction
A plural global governance
At a first glance, it might seem anachronistic to write about global governance, since the era of grand universalist declarations, globalizations of trade and transnational agreements is on the brink of being replaced by that of rediscovered national interests, isolationisms and the selfishness of the “Me First” politics. The crisis – or perhaps the polycrisis … Continued
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Methods
Which method for penal harmonization?
1. Traditional shortcomings of comparative criminal law for harmonization In the age of globalization, a qualitative leap in the content and methodology of comparative law, particularly with regard to policy on crime, is indispensable. However, this issue remains difficult, due to the significant political discontinuities, and in particular the two World Wars, which directly affected … Continued
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Natural Reason and the Ethical Foundations of European Law
Most defences of the European Union are consequentialist. They say that for this or that reason the EU serves interests in prosperity or security. The most common attack on the European Union, however, is not consequentialist but based on a constitutional theory of ‘popular sovereignty’. If you believe that popular sovereignty is the ground of … Continued
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Governing globalization through law: The hypothesis of a new natural law
1. Obligation and determination To discuss governing globalization through law, we would like to start by talking about two techniques of government of our lives: obligation and determination. A priori, the first belongs to law or morality while the second belongs to nature and its laws. On reflection, things may not be so simple. From … Continued
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Answering the crisis of multilateralism with polylateralism
To overcome the crisis of multilateralism that surged in a world full of tensions, one of the keys is polylateralism. This concept aims to rethink international relations, going beyond the quasi-monopoly of sovereign States, by developing hybrid forms of organizations able to bring together new and diversified actors driven by efficiency. The outdated Westphalian theory … Continued
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Towards Plural Governance: Functional Equivalence in the Fight Against Transnational Corruption
1. A method of “soft-enforcement” through peer evaluation Astrid Mignon Colombet: The Preamble of the OECD Convention sets out the ambitious objective of ensuring that each State Party adopts “equivalent” measures to combat the bribery of foreign public officials in an essentially penal framework: “Recognising that achieving equivalence among the measures to be taken by … Continued
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The Right Scope of Global Governance and Democracy Enhancement
Greater interdependence is often taken to require more global governance, but the logic requires scrutiny. Cross-border spillovers do not always call for international rules. The canonical cases for global governance are based on two sets of circumstances: global commons and “beggar-thy-neighbor” (BTN) policies. The world economy is not a global commons (outside of climate change), … Continued
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The Role of Soft Law in Global Governance: Heading Towards Hegemonic Influence?
To tackle the topic of soft law is to engage prima facie in a vast discussion on the forms of normativity in law. This will not be the case here. There are many technical and comprehensive studies on the question, and it seems unnecessary to replicate them. Rather, the aim will be to ascertain the … Continued
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World, globalization and mondialité
“The world exists outside the consciousness we may have of it. But it is only amendable if we hold it in full consciousness. As everything dies, I’ve expanded myself – like the world – and my conscience wider than the sea! Last sun. I burst. I am the fire, I am the sea. The world … Continued
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Actors
Will the European Public Prosecutor’s Office be a stab to the heart?
The European Public Prosecutor’s Office is expected to be operational in the spring of 2021. This upheaval at the institutional and political level has already been written about many times. Some have denounced a new relinquishment of sovereignty in favor of the European Leviathan; others have criticized the new procedure introduced in the transposition law … Continued
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Reconstructing International Law starting from Regional Organizations
Your chair at the Collège de France is titled “International Law of Institutions”. How is your course this year, “Diligence and Negligence in International Law”, different from a general course on international law and how does it relate to the title of your chair? My first course at the Collège de France develops and deepens … Continued
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The Belt and Road Initiative: A New Landscape in Mapping the Changing Global Governance
The Belt and Road Initiative (BRI), which has been put forward since 2013, is often perceived as an ambition to export a “China Model” that promotes alternative global norms and standards to the currently prevailing Western ones. The presumption might be corroborated by the press release of the fifth plenary session of the 19th Central … Continued
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The European Union in a globalised world: the “Brussels effect”
There is a general feeling, at least outside of the EU, that it is becoming increasingly irrelevant from most points of view. On the other hand, in your latest book, you claim that the EU remains an influential superpower that shapes the world in its image: it is actually the only global regulatory superpower, due … Continued
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The Supreme Court of the United States: Power and Counter-Power
Some years ago, the Chief Justice of the Supreme Court of Ghana came to visit our Court. She wanted to learn how the Court had advanced and protected civil rights in America. She seemed particularly interested in this question: Why does the American public do what the Supreme Court says? Implicitly she also wanted to … Continued
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A new architecture for globalization
The Covid crisis has acted as a revelation of the intensity of our interdependencies on a global scale. However, such de facto interdependence has not been accompanied by an increase in solidarity. The systemic vulnerabilities revealed by the crisis should encourage us to think about a better organization of globalization, in which interdependence and solidarity … Continued
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Avoiding a Requiem for the WTO
Although the WTO has been relatively effective in overseeing the implementation of the multilateral agreements concluded during the Uruguay Round, with some notable exceptions, including the Agreement on Trade Facilitation and the Information Technology Agreement, WTO members have not managed to conclude new agreements to liberalize trade in goods and services. This has had serious … Continued
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For Democratic Global Governance
Coronavirus is a global problem. Migration flows are a global problem. Global warming is a global problem. Social inequalities are a global problem. Tax evasion is a global problem. Gender equality is a global problem. Freedom of the press is a global problem. These “problems” do not involve the existence of a person, a State … Continued
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Participating in the Governance of Globalization through Law: New Horizons for National Supreme Courts
By their very nature, supreme courts intervene within the perimeter of a State. It is their responsibility to ensure the unity of the law in a country and to ensure the development of case law that national law needs. Thus, they could have seemed weakened by the growing internationalization of the law, which is manifested … Continued
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Challenges
A Martian at the United Nations or Naive Thoughts on Global Environmental Governance
“The higher you go, the further you can see” says a Chinese proverb. So let us imagine, that a Martian comes to observe the Earth and its inhabitants. What would he think, from his flying saucer, of the habits and customs of this weird species in full expansion: human beings? How would he judge the … Continued
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Addressing Climate Change from the Bottom-Up in a Kaleidoscopic World
We live in the new geological epoch of the Anthropocene, in which humans are the dominant force in nature. The problems we now face inherently affect the well-being of future generations. Climate change is the archetypal such problem. Preventing disastrous climate change requires managing a global public good – the stability of the Earth’s climate … Continued
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Global governance through the market and sustainable development
The concept of the market economy represents a system where decisions to produce, exchange and allocate scarce goods and services are mostly determined using information resulting from the confrontation of supply and demand as established by the free play of price competition. According to liberal theory, this mechanism is the engine of economic growth, leading … Continued
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Data Protection and Global Data Governance
Anda Bologa : We look forward to hearing your views – those of a former U.S. diplomat and vice-president of the U.S Chamber of Commerce for Europe – on privacy, data protection, the GDPR and the European Court of Justice rulings on Privacy Shield, as well as the broader issue of global data governance. The basic … Continued
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Law is more than ever the necessary language of globalization
In Le droit sans l’Etat you were contemplating governance through law independently from the State. Does this “liberal” analysis enable an understanding of globalization as the creation of a legal space without real political convergence? Is the liberal model still a point of convergence within globalization? Le droit sans l’Etat, which was published in 1985, … Continued
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Taxation of the digital economy: global challenge, local responses?
The taxation of the digital economy provides an excellent area for observing the attempt to govern globalization by way of legal tools as well as the difficulties in making such a perspective concrete. On one hand, the incomprehension caused by the low level of taxation of large companies in the digital economy in jurisdictions where … Continued
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Governance of common goods as a political lever
“1. And the whole earth was of one language, and of one kind of words. 2. And it came to pass, as they journeyed toward the east, that they found a plain in the land of Shinar, and they dwelt there. 3. And they said to one another, Go to, let us make bricks, and … Continued
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Geopolitics of the Energy Transformation
1. The internationalisation of energy transactions The history of energy can be written from myriad perspectives, depending on the object emphasised in each account. A household, a river, an activity, an event, a specific resource, a given technology, a country, a region, a global process or combinations thereof are some of the objects around which … Continued
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Ouverture
In the spiral of humanisms
The instability of our societies multiplies the crises (socio-economic, migratory, climatic, sanitary…) which are intertwined in a single poly-crisis, piling up states of emergency, from the terrorist attacks of 2001 to the pandemic of 2020, while a kind of normative madness takes hold of our societies. We must abandon the usual metaphors of legal systems … Continued
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