G36
Instruments of global regulation : the emergence of a pluralist global law? (IUAES Commission on Legal Pluralism)

Convenors:
David Restrepo Amariles (Université Libre de Bruxelles)
Location:
University Place 4.211
Start time:
7 August, 2013 at 14:30
Session slots:
2

Short abstract:

This panel aims to analyze the emergence of new instruments of regulation such as code of conducts, indicators, auditing and standardization, and their relation to classic forms of law in the context of globalization. Are they an opening of public and private international law to legal pluralism?

Long abstract:

This panel aims to analyze the emergence and functioning of new instruments of regulation in the context of globalization and their relation to classic forms of law. As globalization continues to transform economic, political and social relations into complex transnational phenomena classic law is increasingly seen as limited in scope and efficacy. On the one hand, national state law is not only limited by its territorial nature, but also increasingly put under pressure to deregulate or to conform to global standards of regulation. On the other hand, public and private international law are also at pains to regulate transnational interaction associated with globalization. International law is poorly equipped to deal with globalization given its strong roots in voluntarism, its increasing fragmentation and its limited capacity to bind all actors in the international plane. As a consequence, a whole set of instruments and mechanisms of regulation have emerged to fill the vacuum, but also to challenge state law. Instruments such as codes of conducts, standards and indicators take a central role in global regulation together with mechanisms such as "auditing", "benchmarking", "reporting" and "monitoring". This panel will explore whether these and other mechanisms could be seen as part of the making of a pluralist global law, understood not as a new legal order, but as new way in which old and new instruments of regulation are deployed vis-à-vis transnational phenomena.