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There is also globalization of law along with ecomonic globalization. that is, different Nation-States laws especially those governing economy and trade trend to unify. And non-government’s laws such as businessman law come out. Generally speaking, there are four approachs to understand legal globalization: One is legal globalization of Clintonism. The legal foundation of this gobalization is human right is higher than sovereignty. The most type of example is the bombing to Yugoslavia of NATO leading by USA. This legal globalization is virtually NATO’s globalization. Two is legal globalization of WTO. The WTO is the legal and institutional foundation of the multilateral trading system. It provides the principal contractual obligations determining how governments frame and implement domestic trade legislation and regulations. WTO legal system contains Agreement Establishing the World Trade Organization and a number of simple and fundamental principles which run throughout all of these instruments which, together, make up the multilateral trading system. These principles include trade without discrimination, predictable and growing access to markets, promoting fair competition and encouraging development and economic reform. Third is legal globalization in legal transplants. Globalisation or internationalisation of law in developing countries means, predominantly, the transplanting of Western laws. The process is a one-way movement, from the West to the East or North to South. Globalization of law is a continuing process of the ‘ Law and Development’ movement in the 1960s. For these countries, law is to be used as an instrument for social engineering, and, by transplanting Western laws, to radically alter their economies. Even though globalisation of law seems to be an unstoppable process, the long standing questions as to whether law is readily transferable, whether the transplanted law works in the same way as it does in its places of origin, and if so, under what circumstances, remain unresolved. Fourth is legal globalization in Sociology. Those rules exist with dependence to state-law or international treaty. Those rules are called “commercial law” or “global law without state”, including internal rules of multinational corporation, rules of international guild, standard contract, arbitration of international organization of arbitration, ect.
2.A challenge of globalization to Chinese law
As an inevitable choice, China must participate in economic globalization actively. It will bring great influence on all society. One of the most important aspects is that it will have an great affect on China’s legal construction.
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