Table of Contents

Globalization and Private Law

Globalization and Private Law

The Way Forward

Edited by Michael Faure and André van der Walt

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process.

Introduction and Editorial Preface

Michael Faure and André van der Walt

Subjects: law - academic, comparative law, human rights, private international law, politics and public policy, human rights


Michael Faure and André van der Walt 1 PROBLEM DEFINITION AND REASONS FOR THIS BOOK A central focus in the debate on private law in Europe has recently been whether in specific domains (liability, property or company law) one can notice a convergence of legal systems or whether there is still room for divergence. The many harmonization processes in Europe (but also in other jurisdictions) and in federal systems have been described and critically evaluated in the literature. Less attention has so far been given, at least in private law doctrine and theory, to the more public law oriented processes behind lawmaking in private law. Many private lawyers do pay attention to the increasing socalled constitutionalization of private law, for example focusing their attention on the influence of human rights in private legal relationships. Private lawyers have also noticed that, as a result of evolutions at the level of public law (international organizations, EU, WTO), fundamental changes have taken place that affect the area of private law. In continental Europe, for instance, lawmaking has been influenced by regional and international changes and shifts in emphasis for a long time. English law has started feeling the impact of this process more recently, since the adoption of the Human Rights Act 1998 and the concomitant domestic implementation of the European Convention on Human Rights. In South Africa, similar interactions between international human rights principles, a new democratic Constitution (including a Bill of Rights) and private law lawmaking have become visible since the...