Global Law

  Final Ark graph — Image by Author ( https://shyambv.com/ark_net.html ) As foreshadowed in my last two posts regarding Global Law ( 1st post , 2nd post ), I shall conclude with  Backer 's last character of global law: 'polycentricity'. 4. Polycentricity Polycentricity is the foundation of global law, which means governance can exist simultaneously in multiple systems of law. Norms and customs are being practiced widely by people outside of the legal framework, therefore, there is no single applicable law in the real world. Such norms do not evolve randomly, they involve culture, communities of practice etc. A few examples to illustrate polycentricity: Example 1 A driverless car got into a car accident, who is responsible for the accident? Is it the car-owner? The manufacturer? The distributor? The manufacturer? The insurance company? What law shall we apply? Contract law, transport law or consumer law? Multiple actors including state and non-state are crossing each ...

As to continue my discussion regarding Larry Backer's 4 fundamental characters of global law, the second character is fluidity.  2. Fluidity The existence of international law is to streamline and fill in the governance gaps among states. Examples being the European Union, where EU law prevails when there is a conflict of law between EU law and state law, or the creation of United Nations to bind different states with treaties. All these creations are adding rules and control to ensure state stability. Such stability sounds permanent and static. No matter how much obstacles we went through to build a grandiose system that is impeccable, one day that system will eventually be outdated or it needs to be 'updated' and changed into something else. Global lawyers have to accept that the systems are temporary and are willing to let go of such pride.  A recent example would be COVID-19, where there is no meta-system, not even the World Health Organization, can control such pand...

  Today, people are extremely connected with advanced transportation systems and internet, therefore, legal cases involve far more stakeholders from everywhere around the world. Yet, law education stays pretty much the same for the past decades. How are law graduates prepared to face the complexity in the real world with strictly segregated subjects and jurisdiction specific degree? How are they going to tackle the multinational cases in a global context?  What is NOT global law?  Before defining what global law is, it is important to know what global law is not. Most people understand law by its jurisdiction, separated by physical territorial borders and empowered by the states. Most law school subjects are based on specific areas of law, it is seldom that you have a subject that crosses multiple areas of laws. You learn about the law in that country, or even that state only during your study. Law is a very niche and specific discipline. Law has long been deeply associat...