Maria Mazhorina

Private International Law in Context of Globalization: from Privatization to Fragmentation

2018. No. 1. P. 193–217 [issue contents]
Globalization has changed the face of the world, gave rise to the restructuring of society,the transformation of the state and its sovereignty and led to the «denationalization» oflaw. Today, the future of law is formed, which must be adequate to the new society. Thegreatest changes occur in international private law, where we are witnessing an increasein the number of norm-making actors with norm-making being adhocratic in nature;strengthening and modification of the delocalization process of law, standardizationand the search for new legal identity; an unprecedented growth of the bulk of non-stateregulation norms and searching for ways to legitimize them; the active development ofalternative non-state and supranational systems for transboundary dispute resolution;paradigmatic shifts in the field of law, due to the interpretation of the concept of “rulesof law”; updating of the institute of autonomous legal qualification, etc. The privatizationof law contributes to its fragmentation, which in the framework of private internationalhas two areas of development: normative and institutional. All this creates an effect of“parallel” social realities, with two, in fact, colliding systems of regulating transboundaryrelationships and two dispute resolution systems based on state law and non-state law,developing. The emerging new society and a new civilization form the request for a newlaw, which is in search of its new identity. Incurred in connection with this doctrines ofglobal /transnational /non-state law require their understanding and conceptualization,and a new social practice: lexinformatica, lex digitalis, lex electronica or lex networkia,sportivа lex, lex constructionis, lex laborisinternationalis, — need to be adopted to themodern paradigm of private international law. The article explores the multi-layerednormative pluralist architecture, and makes some assumptions about the future regulatorylandscape with regard to cross-border private-law relations. The emerging world order,the center of which is the global economy with supporting cross-border private-lawrelations, still governed by the law emanating from the state, but the latter loses itsregulatory monopoly, and therefore require a rethinking of the normative superstructureand the formation of a new legal language, able to explain and comprehend the effects ofglobalization in the legal field.
Citation: Mazhorina M. (2018) Mezhdunarodnoe chastnoe pravo v usloviyakh globalizatsii: ot razgosudarstvleniya k fragmentatsii [Private International Law in Context of Globalization: from Privatization to Fragmentation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 193-217 (in Russian)
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