LOTF2011 | Sarah Laser

HiiL Conference: The Law of the Future Trend: Internationalization of Law By Sarah Laser, 24 June 2011

Outline
The internationalization of the law trend
Example: international terrorism
Conclusion

A. Trend
Result of globalization: legal system become more intertwined
Driver for internationalization of the legal systems
 national legislation looses its monopoly
National law is replaced by international law
 it has to accommodate law, which is made on an international level outside of the national competences
Trend seen in tax law, competition law, human rights, criminal law, torts and marriages

A. Trend
Internationalization has its own dynamics:
 national governments decide to create international norms but
 it is refined and extended by other mechanisms such as judgements of national and international courts
There is a mutual influence of economic and legal globalization
 markets facilitate the internationalization of legislation and internationalization of the law fosters economic globalization

A. Trend
Different levels of the internationalization trend:
 universal (UN)
 regional (EU, AU)
 sectoral (climate, mineral industry, human rights)

B. Example
International terrorism
 9/11 until today
Result of globalization
 U.S. economic globalization and western values opposed in mostly Islamic countries
National legislation can not solve this issue due to:
 fragmented approaches leading towards a poor outcome in the fight against terrorism
 evident human rights violations

B. Example
Trend of internationalization of the law should be applied to international terrorism in the future
So far attempts to replace national anti-terror laws with international ones not apparent
But universal protection of individual suspects and an effective fight against terrorism should be in national states‘ interest

C. Conclusion
Internationalization of law trend is already exercised in certain areas
 EU Competition Law
In other fields like criminal law more resistance by national legislators
For global problems global solutions should exist

Thank you for your attention
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