Influence of globalization on the law systems

• Author: Emilian Ciongaru
• Position: Institute of Legal Research 'Acad. Andrei Radulescu' of the Romanian Academy, Bucharest, Romania
• Pages: 24-30

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 24-30

24

INFLUENCE OF GLOBALIZATION ON THE LAW SYSTEMS

E. Ciongaru

Emilian Ciongaru

Institute of Legal Research “Acad. Andrei Radulescu” of the Romanian Academy, Bucharest,

Romania

*Correspondence: Emilian Ciongaru, 65 Samuil Vulcan St., Bucharest, Romania

Email: emil_ciongaru@yahoo.com

Abstract

The legal issues compared by litigants to the phenomenon of globalization include the

penetration of global juridical values into the national law systems to which they do not

traditionally belong and thus, we may speak of the globalization of law. Globalization, a

phenomenon that practically extends the communication bridges among states also results in

the fact that the internal legal order expands towards a new legal order, namely a global

legal order. In this context, the modernization and compatibility of the legal systems through

the transfer of law is inevitable, a fact that might mean the total or partial replacement of a

law system which proves to be out of date or obsolete by a system or parts of it assumed to be

somehow superior and healthier and aiming at enriching or treating such system so as to

ensure the compatibility of an internal legal system to the regional and inevitably the

international one. In these conditions, the science of law exceeds the borders and the internal

organization rules of a certain state may be useful in other state and vice-versa.

Keywords:globalization, science of law, global legal values, transfer of law, legal

system

Introduction

Globalization1 and the transfer of law have become daily realities that establish

connections and interdependences between them so that the globalization of law is seen as an

ordered and quite rigorous architectural system of legal norms and the transplant of law

represents both the influences between the legal systems and those between the national,

regional and international legal cultures. In these conditions, such a continuous evolution of

the globalization of law has become a permanent challenge aiming at developing a global

reasoning of the institutions entitled to interpret the law on the application of the legal norms

from one state to another, from particular to general and vice-versa to find the most adequate

and convincing solutions for the clarification of the concrete cases and to provide legal order

and social peace at national, regional and global levels.

The word globalization has been used very frequently with very many significations

referring to the development of global financial markets,2 a potential increase of transnational

companies and corporations and an increasing domination of these on the national economies

and, as a consequence of such phenomena, citizens compare many legal issues to

globalization also including the penetration of global legal values into the national law

1 A.Jones, Globalizarea. Teoreticieni fundamentali, coord. Corneliu Nicolescu, CA Publishing House, Cluj-

Napoca, 2011, pp. 7-10.

2 V.Balaure, C.Vegheş, M.Roşca, S.Toma, Marketingul în procesul dezvoltrii economice şi sociale, 1972-

200: 30 de ani de marketing în România, vol. I, Marketingul în era globalizrii, ASE Publishing House,

Bucharest, 2002.