Faure, Michael; Walt, André van der --- "Introduction and Editorial Preface" [2010] ELECD 286; in Faure, Michael; van der Walt, André (eds), "Globalization and Private Law" (Edward Elgar Publishing, 2010)

Book Title: Globalization and Private Law

Editor(s): Faure, Michael; van der Walt, André

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447608

Section Title: Introduction and Editorial Preface

Author(s): Faure, Michael; Walt, André van der

Number of pages: 12

Extract:

Introduction and editorial preface
Michael Faure and André van der Walt

1 PROBLEM DEFINITION AND REASONS FOR THIS
BOOK
A central focus in the debate on private law in Europe has recently been
whether in specific domains (liability, property or company law) one can
notice a convergence of legal systems or whether there is still room for diver-
gence. The many harmonization processes in Europe (but also in other juris-
dictions) and in federal systems have been described and critically evaluated
in the literature. Less attention has so far been given, at least in private law
doctrine and theory, to the more public law oriented processes behind lawmak-
ing in private law. Many private lawyers do pay attention to the increasing so-
called constitutionalization of private law, for example focusing their attention
on the influence of human rights in private legal relationships. Private lawyers
have also noticed that, as a result of evolutions at the level of public law (inter-
national organizations, EU, WTO), fundamental changes have taken place that
affect the area of private law.
In continental Europe, for instance, lawmaking has been influenced by
regional and international changes and shifts in emphasis for a long time.
English law has started feeling the impact of this process more recently, since
the adoption of the Human Rights Act 1998 and the concomitant domestic
implementation of the European Convention on Human Rights. In South
Africa, similar interactions between international human rights principles, a
new democratic Constitution (including a Bill of Rights) ...