Propos critiques et utopiques sur l'évolution du droit économique et la mondialisation

Gérard Farjat

Revue internationale de droit économique, 2003, vol. t. XVII, issue 3, 511-531

Abstract: CRITICAL AND UTOPIAN REMARKS ON THE DEVELOPMENT OF ECONOMIC LAW AND GLOBALISATION Given the impossibility to present a « rapport de synthèse » systemizing the contributions made to the conference, an attempt is made to assess the overall development of globalisation of economic law in a legal-political perspective. In this respect the starting point is the political rather than purely economic nature of globalisation, and a disbelief in the spontaneous character of economic development. The terms of the problems are set by the dependency of the evolution of the law on the development of the economy (as predetermined by strategic political action) and by its concomitant devolution to private actors. The resulting construction of a liberal economic order on the global level is based on the opening of national markets as guided by WTO, and the latter?s transition from virtually non-binding to effectively enforceable rules. By contrast, the structure of this new liberal trade order is harmonized only in part (e.g. absence of global competition rules), and it lacks a framework guaranteeing the safeguard of collective or public interests as they develop into global dimensions, in particular as regards the social, cultural and educational aspects of a globalised economy. Much emphasis is put on the resulting imperfections and deficits, and on the needs and ways to accordingly complete global economic order so as to make it at least acceptable, if not desirable.

Date: 2003
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