Globalization and Private Law
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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.
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Chapter 7: Globalization, State Commercial Activity and the Transformation of Administrative Law

Geo Quinot


Geo Quinot* 1 INTRODUCTION One central theme in the globalization1 debate is the changing nature of the state.2 While debate rages within globalization literature about whether the state has vanished, continues to exist only in hollowed-out form or remains a dominant actor within the global picture,3 one thing is more or less accepted – the state’s modus operandi is quite different from what it was a century ago. In assessing the debate about the impact of globalization on the nation state, Georg Sørensen concludes: [S]tates as well as markets have been transformed under conditions of economic globalization. Instead of a reduced role for the state, the role of the state has changed. States operate under different circumstances than before; in some way they are subject to new constraints, but states have also developed new ways of * BA LLB (Stell) LLM (Virginia) LLD (Stell), Associate Professor, Department of Public Law, Stellenbosch University. 1 I will not attempt to define globalization in this chapter. It seems that the very definition of the notion is as contested as its existence and impact. As Strange (1996, p. xiii) notes: ‘The worst [term] of them all is “globalization” – a term which can refer to anything from the Internet to a hamburger’. See Koenig-Archibugi (2003, pp. 2 et seq.) and also Goodin (2003, pp. 69 et seq.); De Feyter (2007a, pp. 1, 3 et seq.); McGrew (1998, p. 299); Sørensen (2004, pp. 23–6). Instead, I will take Harry Arthurs’ insight, in his...

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