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4.5. Transformation of the Legal Paradigm in the Context of Globalization: a Philosophical View

Friday, 17 May
11:00 - 12:30

Hall #5, General Staff Building (6-8, Dvortsovaya sq.)

Globalization is an objective process that is rife with contradictions. On the one hand, globalization’s economic, cultural and intellectual benefits are numerous, well-known and incontestable. On the other hand, it is fraught with countless risks and challenges for the staid modes of existence, the traditional worldview and the institutional organization of society. It came as no surprise when the President of the Russian Federation, in his decree No. 683 of 31 December 2015, noted that the emergence of a new polycentric world order is accompanied by a rise in global and regional instability.

Tensions increase in consequence of the global developmental disparities, the deepening gap between rich and poor nations, and mounting rivalry over natural resources, market access, and control over transportation arteries. International rivalry increasingly engages the values and models of societal development, and the human, scientific and technological potential of nations. Law is also involved in these social macro-trends. The national legal systems become increasingly integrated into a uniform transnational system of legal norms and institutions. With growing frequency, the precepts of international legal instruments take on direct effect within national justice systems, while domestic regulations acquire transnational clout.

The regulations issued by international organizations (OECD and others), the precepts of the corporate law of transnational economic players, the supranational economic and financial operating regulations of states, macroeconomic institutions and international alliances begin to play a more prominent role. In the light of the aforesaid remarks, it appears imperative that the current vectors of political and legal development be addressed from the perspectives of philosophy, social science and psychology. In the long run, this may bring about improvements in the juridical doctrine and practice of law.   

Discussion Bullets

  1. Contradictions between national and international law: Is reconciliation possible? If the answer is 'yes,' then what institutions would be best suited for the job? What theoretical and methodological foundations does modern legal science have to offer towards this end?
  2. Would it make sense, in order to assess the quality of a legal system, to invoke the methods and criteria based on such values, the meaning of which is either potentially questionable in itself (e.g., the concept known as 'rule of law'), or stems from an extremely simplified understanding of the duties and purposes of the modern state? To what extent is the quality of legal regulations measurable, anyway?
  3. The meaning of the concept of 'national sovereignty': How is it changing under the pressure of transnational commodity, information and human flows and the operations of international organizations?
  4. To what extent would it be possible and desirable for Russia to modernize itself politically and legally in an environment when the nation is under the constant pressure of ideas and principles alien to our society? What would be some optimal political/legal development models, which would be authentically in harmony with the socio-cultural context in which Russian society really exists?
  5. Globalization as the driver of change in the key metrics of the legal order: convergence of the continental law and jus commune legal families, proliferation of 'soft' legal regulations not underpinned by direct enforcement, mounting influence of the international judiciary bodies, and so forth.
  6. New international legal regulations, their sources and application specifics: international taxation law, international administrative law.
  7. How globalization affects the functional system of the state: emergence of new functions, e.g. environmental; updating of the existing functions, e.g. taxation, and so on.
  8. The ideology of anti-globalism: What are its underlying values? How does it affect the current government and law discourse?

Moderator

Aleksandr Savenkov

Director, Institute of State and Law, Russian Academy of Sciences

Speakers

Nicholas Allard

Of Counsel at Dentons LLP, Former President of the Brooklyn Law School

Sergey Baburin

President, Association of law schools

Nikolay Bondar

Judge, Сonstitutional Court of the Russian Federation

Andrey Gabov

Chief Researcher, Institute of State and Law of The Russian Academy of Sciences

Gadis Gadzhiev

Judge, Constitutional Court of the Russian Federation

Aleksandr Konovalov

Minister of Justice of the Russian Federation

Vladimir Pligin

Senior research fellow, Institute of State and law of the Russian Academy of Sciences


* The Programme may be subject to change