Influence of globalization on the law systems

AuthorEmilian Ciongaru
PositionInstitute of Legal Research 'Acad. Andrei Radulescu' of the Romanian Academy, Bucharest, Romania
Pages24-30
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 b y 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law system which proves to be out of date or obsolete by a system or parts of it assumed to be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 a s 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 inte rnational 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 wo rd globalization has been used very frequently with very many significations
referring to the de velopment of global financial markets,2 a potential increase of transnational
companies and corporations a nd an increasing domination of these o n the national eco nomies
and, as a consequence of suc h phenomena, citizens co mpare 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.

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