Boredom – my ass, it’s a matter of life and death – the globalization in law – by Josefine Antonia Schulte, student of law, Berlin/Frankfurt – „He who does not ask, remains stupid!
Nowadays, we all constantly talk about globalization, its consequences and advantages/disadvantages. What does that actually mean? Especially with regard to legal questions, many new levels are opening up through or since globalization, which not only seem complicated. Within the project ABOWI „Across Borders With Information“ Josefine Antonia Schulte, student of law from Berlin, asks lawyers from 197 countries of this world important questions – as a virtual journey through the law of this world.
Simply by telephone or video conference
A letter one hundred and fifty years ago traveled several weeks from New York to Northern Germany by ship, expensive and complicated. A hundred years ago, information delivery by air would have been possible within a week. Fifty years ago, information traveled by transatlantic telephone cable from Emden (East Frisia, Germany) to Coney Island (New York, USA) in a few minutes, much faster, and less complicated but still expensive. Since the invention of the Internet, the information journey has become rapid. In 2018, US corporations Facebook and Microsoft laid a transatlantic cable called Marea from Virginia, USA to Bilbao, Spain. Such a powerful cable, which among other things allows the simultaneous streaming of 71 million HD videos. This means that our information journey can be reached in less than a second and enables live video conferences in HD quality. The resulting possibilities are immeasurable with worldwide exchange almost without limits. ABOWI would like to know what this technological development and innovation does to the idea of law and justice?
The term globalization can be traced back to the Latin terms „globe“, „global“, „concerning the whole earth or world“ and has been in use since the 1960s. It is often defined as the increasing interconnectedness of our world in different areas. It is not possible to limit globalization as a sub-area, as it influences almost every part of our „modern life“. Worldwide trade, worldwide relations also mean the question of worldwide justice and legal systems. ABOWI asks and seeks answers!
Law and Globalization
The internationalization and globalization of law is not just a hollow word, but particularly affects the fate of people. What about someone who, in a frenzy of love, lent money on vacation to a local on Capri, Italy, who was a charming lifeguard. How is this victim supposed to get her money back, when the language and the legal system are completely different? The same could be true for a farmer who has lost his leg in an industrial accident and needs a suitable prosthesis in Kampala, Uganda. Due to the globalization of the law, the prosthetic leg has become recognized and available worldwide through a separate international treaty. This legal cooperation of the different states can also be seen in the collaboration for the development of the Covid-19 vaccine against a pandemic that has spread due to globalization.
Cultural exchange – Information – Justice
Globalization also means cultural exchange, open discussion about rights and ideas, about how to deal with justice. The goal is to strengthen the idea of friendship among nations, because only action and peaceful coexistence is possible when it can be relied upon that in the case of a crisis an authority will also provide justice.
Globalization as a process raises difficult questions in jurisprudence and in the law we all practice. Influenced by the increasing worldwide interdependencies, such as the conclusion of international contracts, e.g. online shopping at an American boutique, the acquisition of real estate in South Africa, immigration to Japan or investment protection. The question is, who wants to invest in a country, an idea, a project, in which his investment raises uncertainties? But who actually determines the applicable law for foreign contracts? Especially in civil law there is hardly any international law, which is known from international law. Which court is competent in international disputes? These are just a few of the many questions that are becoming more and more present due to growing globalization.
The international legal market
Due to globalization, a pulsating international legal market has gradually developed. But how is the international legal market structured? When is it worth choosing a focus on international law? What is the international legal language? How does globalization influence the daily work with clients across borders? And what experiences do lawyers make in and on the international legal market?
As a law student, I am looking for answers and ask lawyers from 197 countries around the world with the aim of finding answers to the numerous unanswered questions that affect all facets of everyday life in the global arena.
„For the sake of simplicity, the masculine form is used throughout the text; the […] feminine form is of course included“.
stud. iur. Josefine Antonia Schulte
K. Kalinausko g.24
Across Borders With Information – ABOWI, an interview series by Josefine Schulte law student from Berlin in Germany. Questions and Answers: A journey around the world revealing differences and prejudices. What moves the lawyers of this earth, Josefine Schulte asks herself from Azerbaijan to Cyprus.