| Unit name | Law and Globalisation |
|---|---|
| Unit code | LAWD30116 |
| Credit points | 20 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Dr. Cian Murphy |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
This unit examines law under globalisation from three perspectives: legal doctrine and philosophy; contemporary governance; and, a praxis perspective using case studies. First, it will explore the concept of the rule of law in both historical and contemporary scholarship, in different legal systems from around the world. The debate on the rule of law as a legal principle now crosses common- and civil-law systems and occurs also in religious systems of law such as Sharia.
Second, it will look at the rule of law in global context and, in particular, examine the relationship between governance and the rule of law - especially in post-conflict or transitional states. Although the rule of law is largely accepted in contemporary governance, as an aspirational ideal, there remains debate over its foundations and content. As a result, the rule of law's claim to neutrality sits uneasily with visions of social and economic justice, on both a local and a global scale. Nevertheless, the rule of law's potential as a guarantor of political stability, economic growth, and even democracy, has put it in the vanguard of international aid and development programs.
Third, in the practice of law, the rule of law is subject to invocation in a world that international lawyers have come to describe as increasingly fragmented and decentralized. The emergence of regulatory regimes, for example in environmental protection, food security, finance, aviation and product safety, challenges the idea of sovereign states as the foundation for an international rule of law. To understand legal practice in this transnational regulatory field requires us to address process as well as the substance of rules; their function and not just their content. Students will engage with specific case studies in more detail, to develop a better understanding of how the increasing globalization of rules of law raises problems for legal certainty through conflicts of law and poses questions of transnational legality in novel forms of norm creation, rule administration and dispute resolution.
Key Topics Include:
• Globalisation as a Phenomenon of Governance
• The Transnationalisation of Law
• Case Studies: Global Value Chains and Labour Regulation across Borders
• Foreign Terrorist Fighters & Transnational Counter-terrorism Law
• Investment, International Law, and National Policy Goals
• Human Rights – Values for Secular Governance?
• The Role of Lawyers in Global Governance
At the end of the unit, a successful student will be able to:
• identify key aspects of globalisation with a legal dimension;
• recognize the international context in which transnational law operates and assess how various factors affect legal approaches to contemporary legal challenges;
• analyse and critique the role of different governmental and non-governmental actors play in global governance;
• obtain and use international and comparative law legal materials;
• interpret and evaluate different normative frameworks and legal principles and provisions;
• apply various techniques of reasoning to suggest solutions to global legal challenges;
• demonstrate research skills, as well as written communication skills, in law and cognate disciplines.
The contact hours for this unit will be 10 two-hour seminars and 10 one-hour lectures.
1 formative assessment: 1 x 1,000 word coursework. Formative assessments do not count towards final mark and can be optional.
2 x summative assessments: 2 x 2,000 word coursework. Summative assessments do count towards final mark.
The assessments will assess all of the intended learning outcomes for this unit.
Key readings include:
• Peer Zumbansen, ‘Transnational Law, Evolving’, in J. Smits (ed), Elgar Encyclopedia of Comparative Law 2nd Edition (Edward Elgar Publishing, 2012).
• M.S. Sornarajah, ‘Why “No” to Transnational Legal Studies’ in Cornelia Pillard (ed), Why Transnational Legal Education (Center for Transnational Legal Studies, 2011).
• S. Chesterman, ‘An International Rule of Law?’ (2008) American Journal of Comparative Law 336.
• S. Douglas-Scott, extract from Law after Modernity (2013 Hart Publishing).
• S. Engle Merry, ‘Measuring the World: Indicators, Human Rights, and Global Governance’ in R. Buchanan and P. Zumbansen (eds), Law in Transition: Human Rights, Development and Transitional Justice (Hart Publishing, 2014).
