Global Law: A Legal Phenomenon Emerging from the Process of Globalization

This article addresses the following question: Is Global Law merely a trendy theory, or are there concrete and factual elements allowing submission of irrefutable evidence of a movement toward the creation of a stand-alone international legal system? In this piece, Le Goff explores the idea of global law, and whether a harmonized scheme based on converging national laws and practices, international custom and values, among others, is emerging in the global economy. The first part of the article attempts to define the notion of global law, and to distinguish global law from other disciplines claiming a direct link to or regulatory effect over international matters, such as the lex mercatoria. The second part of the article looks at the process of creating global law through an analysis of the role played by international institutions and law practitioners in shaping its contents. Included is discussion concerning whether global law meets the formality criteria required to qualify as a self-standing legal field.