The seminar will be taught in three-hour classes in a nine-week period for a total of twenty-seven hours beginning the week of January 17, 2022.
This seminar asks students to consider the changing role of law in the context of globalization. It will include a critical consideration of the framework concept of globalization, as well as an examination of its implications both for the law of the state and law beyond the state.
The study of the relationship of globalization and the law needs to be contextualized within a broader understanding of political, social, cultural and economic transformations associated with globalization. To that end, the course will include a range of interdisciplinary materials from fields such as international economics, international relations, and sociology. To develop our understanding of the interaction of globalization and law, and to provide models for student research papers, readings will include examples of published case studies of the role of law in globalization such as the production of goods and services in global supply chains; the regulation of multinational corporate conduct; the migration and movement of peoples; and the control of technology including the power of the current technology giants.
The legal content of the course will be framed by the concept of global legal pluralism and will elaborate on the notion of transnational law, in which law is understood to include domestic and international law, public and private law, but also state and non-state norms. In elaborating on the plural legal orders of transnational law, the course will introduce and discuss examples of the regimes of public international law, private international law (also known as the conflict of laws), domestic public and private laws with transnational effects, and the wide range of non-state norms generated by corporations and business networks, law firms, and non-governmental organizations (NGOs).