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Article
Drept privat într-o societate post-naţională: de la reglementarea ex post la reglementarea ex ante
Revista Română de Drept European (2012)
  • Jan M Smits, Maastricht University
Abstract
This contribution (in Romanian) shows how the role of law is changing as a result of globalisation and technological progress. It demonstrates how the traditional view of law as being produced by different nation-state legal orders, each claiming exclusive jurisdiction for a limited territory, is gradually making place for alternative types of ordering. The ex post reliance on the law to provide appropriate rules, enforcement and dispute resolution is replaced by a situation in which actors proactively avoid as much as possible the applicability of laws. This development towards delivering ‘legality’ without law is much more important in understanding the de-nationalisation of law than the concrete efforts of European and supranational organisations to create rules fit for the European or global market.
Keywords
  • Legality,
  • governance,
  • private regulation,
  • enforcement,
  • dispute resolution,
  • globalization
Publication Date
2012
Citation Information
Jan M Smits. "Drept privat într-o societate post-naţională: de la reglementarea ex post la reglementarea ex ante" Revista Română de Drept European Vol. 2012 Iss. 6 (2012) p. 153 - 162
Available at: http://works.bepress.com/jan_smits/63/