Global Legal System is a Multicultural, Multinational and Multi-disciplinary Legal Phenomenon: The

relevance of Indian Legal system with the Global Law

1
 TABLE OF CONTENT

S.No. Content Pg. No.

1. Table Of Content 2
2. Abstract 3
3. Chapter-1-Introduction 4
1.1-Introduction
1.2-Research Problem
1.3-Exixting Legal Situation
1.4-Litreature Review
1.5-Scope and Objective of the Study
1.6-Methodology and Chapterisation
4. Chapter-2-The Evolution and Development of Global Legal System 9
5. Chapter-3-Impact of Global legal system on India and its Legal System 12
6. Chapter-4-Relation of Global legal System with Legal notions of different 14
countries as well as the role of different law practitioners and institutions
7. Chapter-5-Conclusion 18
8. Select Bibliography 19

Abstract
This Research Article deals with the impact of global law on the different legal systems of the world,
especially Indian legal system. The legal system of each country is based on the culture, diversity,
customs, and kind of individuals, economy, and the social aspects of the country. Global legal system is
2
a way of connecting the legal systems of all the countries as well as it happens to differentiate between
every legal system it connects and reveals the diversity and uniqueness of that legal system. It should
also be justified that various legal systems of countries has also given their substantial contribution in
forming the global community and global law which forms the insight of international relation giving a
way to international trade, economic stability and global peace. This Article also talks about the role of
different International Organizations like the United Nations, the European Union, the International
Chamber of Commerce, the International Arbitration Centres, International trade Associations, and the
role of various law practitioners like Global law firms, Global in-house legal departments, international
judges and Arbitrators etc. who have a huge contribution in making the global legal system multi-
cultural, multi-national and multi-disciplinary and diverse. Though the global law has revealed the
diversity of various legal systems, but without the tremendous efforts made by the various
organizations, educational institutes as well as the well-defined legal systems, the global law could not
reach the status it enjoying today. From small components to big differences, the Global law is still
developing with the great history of its evolution. At last, the Article mainly focuses on the international
trade relations giving a wide overview of how the globalization effects the multi-disciplinary notions of
the Global legal system.

CHAPTER - 1
1.1. Introduction
The global legal system has evolved a lot since the Second World War, with the formation of United
Nations. It gradually lost the characters and patterns of classical era and now influenced and focused on
the individuals, humans, people, humanity and future generations. The development in the field of
3
mankind, cultural heritage, sustainable development and international trade. Judicial institutions and
institutionalised procedures are now established to monitor state’s activities. The abrasion of states’
sovereignty is giving way to a global community and a new international power structure based on
multilateral decision processes aimed at protecting fundamental interests and global values1. The legal
system is a part of its social system. It reflects the social, economic, political, cultural aspects of the
society of that particular country. India in its culture, traditions, economic conditions, political values,
and social aspects has a very unique and wide legal system. A level system consists of certain basic
principles and values (largely outlined by the constitution), a set of functional standards including rights
and duties of citizens spelt out in the laws- Central, State and Local, institutional structures for
enforcements of laws and a cadre of legal personnel endowed with the responsibility of administering
the system.2 In this research paper, the impact of global legal system on India is Studied and
Recognised. It tells that how India’s vast cultural, societal, political, and economic aspects have an
impact of Global law. With this, it would consist how the global legal system is multidisciplinary,
multicultural and multi-national in context to Indian legal system.

1.2 Research Problem

If we try to look at the topic closely, we get to know that global legal System had a very wide scope,
‘broader than legal fields like cooperative law, international private law, or international public law’. 3
We will come to know that global legal system has many objectives and structural characteristics. In
this research project we are basically working on the objective to find the impact of global legal system
on India and Indian Legal System. There will be three main objectives on which the whole research
project would be emphasized upon. The first objective would be to work upon how the legal system
evolved and how is it working today. It will basically tell how the system changed with the period of
time and how it involved ‘the law and its practice in a global environment.’ 4 The second objective talks

1
‘What is global law? ’, Guiliana Ziccardi Capaldo, August 10, 2015, Oxford University Press’s Academic Insights for the Thinking
World.
2
‘Structure of Indian legal system: Original Origin and Development’, Dheeraj Kumar Tiwari, International Journal of Law
and Legal Jurisprudence Studies
3
Global Law: A Legal Phenomenon Emerging from the process of globalisation, volume 14 Issue 1 (article 7)
4
Hauser Global Law School Program, Working Papers, Global Law Working Papers, http://
www.nyulawglobal.org/workingpapers/glwpsmain.htm (last visited Nov. 16, 2006) [hereinafter Hauser Global Law Working
Papers].
4
on the important aspect, relevance of Indian legal system with the global law. And third objective is the
comparative study of various notions and global law.

1.3 Existing Legal Situation

It is true that the global legal system has evolved a lot till today but it’s not wise to say that “global law
has reached the status of a formal and structured legal system”5. It’s still in its early stage and if far from
the actual recognition and codified legal field. It is still developing and is changing according to the
needs and expectations. It is true that the global legal system has evolved a lot till today but it’s not wise
to say that “global law has reached the status of a formal and structured legal system”. It’s still in its
early stage and if far from the actual recognition and codified legal field. It is still developing and is
changing according to the needs and expectations of the world. It varies every time at different time and
different place, which makes it pretty unique every time.

1.4 Literature Review

1. The Reflection of Global Law edited by Shavana Musa Eefie de Volder. This book gave real help to
the research project. It gave an inference on how to analyse the structural and basis of the Global law.
The book gave the relation of global with various international institutions and organisations. It gave
well thought facts about the features which are to be further reformed for the future reference and how it
came to the position on which it is standing right now.

2. Concept of Law by H.L.A Hart. In this book, hart has basically given information about how the
morality is connected to law and how the laws are formed on the basis of morals and values. He also
talked about the theory of rules, the principles of the legal system and how the legal system differ in
ancient times and in the modern times. This booked helped in understanding the basis of Indian legal
system as well as the evolution of legal systems. “Laws, said Thomas Hobbes, Jeremy Bentham, and
John Austin, are expressions of will: they are the general commands of a sovereign” 6- is what mainly
the book emphasized upon

5
Le Golf, Pierrick (2007) "Global Law: A Legal Phenomenon Emerging from the Process of Globalization," Indiana Journal
of Global Legal Studies: Vol. 14: Issue 1, Article 7
6
See, e.g., THOMAS HOBBES, LEVIATHAN 311-35 (C.B. Macpherson ed., 1968); JEREMY BENTHAM, OF LAWS IN
GENERAL. (H.L.A. Hart ed., 1970); JOHN AUSTIN, THE PROVINCE OF JURISPRUDENCE DETERMINED (Wilfred
E. Rumble ed., 1995).
5
3. The New Global Law by Rafael Domingo. In his book, Professor and Former Dean of Navarra
School of Law, makes a wide-ranging argument in favour of globalization. 7 He tells about historical,
regional, political and economic changes in the Globalisation. Natural law obligations are recognized by
many legal systems in the world that were based on Roman law. It is a binding feature on everyone’s
conscience, even though natural law is not enforced in a court of justice. 8 This book helped in analysis
of the basic key legal terms which helped in basic defining of the different legal system on a common
platform.

1.5 Scope and Objective of the Study

“A hungry Hindu man will let himself starve rather than slaughter and eat a cow, despite the fact that
there are old cows roaming all over his village, blocking the streets for cars to pass. To the average adult
American man, who eats over 50 pounds of beef each year, this seems illogical. If you have been
hungry for months, then you should eat the cow! There are old cows roaming all over India, no one else
owns the cows, and you know how to slaughter a cow!” 9 The example shows the difference of culture
and practices in different parts of world. Every country has its own legal system which governed or
guided by a global system of law. The Difference in the legal system in each country is due to presence
of different cultures and traditional practices performed by the people. Sometimes the legal system
differ within the country itself. The best example is India. There are different normative and customary
practices followed in different parts of country. Hence the legal system works differently for different
region, but giving them the equal opportunities in the rights and duties at the same time. This whole
research paper talks about these kinds of aspects which effect the different legal systems and their
objectives.

1.6 Methodology and Chapterisation

The basic methods which we applied in our project purely based on the analysis and research on the
scope of the research problem. The analysis is mainly focused on the qualitative nature as it was done
using articles published by different philosophers and authors, various research papers by many authors

7
RAFAEL DOMINGO, THE NEW GLOBAL LAW (2010).
8
John W. Meyer, Globalization Theory and Trends, 48 INT’L J. COMP. SOCIO. 261 (2007)
9
“Cultural Values: Definition, Examples and importance”, Chapter-9, http://study.com/acdemy/lesson/cultural-values-
defination-examples-importance.html (last visited- Oct.1, 2017)
6
who researched at different passage of time and helped in the comparative study of global law and legal
systems. The books on global law and its impact on Indian legal system were also preferred.

The research project is divided in various chapters which explain the research topic systematically. Each
chapter is showcasing different aspects of topic and explaining the previous issues and giving the scope
for further reforms and development. Chapter-1 introduces the research topic and tells the research
criteria of the project. It gave the existing situation of the world as well giving space for the scope of
changes. Chapter-2 focuses on the first objective which explain the historic position and evolution of
global law. Chapter-3 focuses on the second objective about the impact of the global legal system on the
Indian legal system. Chapter-4 focuses on the third objective which give the relation between the
various legal notions and the global law. And the last chapter, Chapter-5, give the conclusion of the
research done in the project.

CHAPTER - 2

1. The Evolution and Development of Global Legal System

‘Defining a relatively new notion such as global law with a definition that reflects, without gaps or
surcharge, all the ramifications of the concept is not an easy task. The difficulty increases with the
lack of a benchmark. Indeed, while our research does not pretend to be exhaustive, there do not
appear to have been many efforts to date in scholarly works to define global law. As a result, there

7
 is no alternative other than to create our own definition. This leads us to make a proposal
presenting global law primarily as a multicultural, multinational, and multidisciplinary legal
phenomenon, which has not yet reached the maturity and formality of a structured legal
system.’10Global legal system showed a very wide scope since the very beginning of its evolution.
Several institutions show the evidence of substantial development of global law. ‘United Nations,
the European Union, the International Chamber of Commerce, international arbitration centres, and
international professional associations’11 are the few of the institutions.

Looking at the U.N. system at large, one quickly concludes that through their activities, institutions
such as the World Bank, the International Monetary Fund, the World Intellectual Property
Organization, the World Health Organization, or the United Nations Industrial Development
Organization contribute to the emergence of norms, rules, or practices of direct relevance to the
development of global law.12 World Bank is a good example which have financed many
international projects through its funds and developed series of standard of contract conditions.
Another institution is The European Union13, The European Union is a live example of a regional
effort toward harmonizing legal systems. Over the years, these efforts have been in specific areas
only.14 More recently, the Commission issued a new communication setting forth a full action plan
for the promotion of more coherence between the national contract laws of the Member
States.15Third is The International Channel of Commerce. The International Chamber of Commerce
(ICC) presents itself as the "world business organization."16It has a great impact on development and
evolution of Global Law. This impact can be checked and reviewed by the Quasi-legal instruments
which regularly keep shaping the international legal system of global perspective.

10
Global Law: A Legal Phenomenon Emerging from the process of globalisation
11
The creation of global law, Global Law :A Legal Phenomenon Emerging From the Process of Globalisation
12
For a chart of the principal organs in the U.N. system, see http://www.un.org/aboutun/ chartpdf/unsyschart.pdf (last visited
Oct. 1, 2017).
13
For general information on the European Union, see Europa, Gateway to the European Union, http://europa.eu (last visited
Oct 1, 2017).
14
A few examples include consumer protection, competition law, environment and customs.
15
Commission of the European Communities, Communication from the Commission to the European Parliament and the
Council, A More Coherent European Contract Law: An Action Plan, COM (2003) 68 final (Feb. 12, 2003), available at
http://www.isda.org/c-and-a/pdf/com-2003-68_en. pdf
16
International Chamber of Commerce Home Page, http://www.iccwbo.org (last visited Oct. 1, 2017).
8
 The fourth one refer to the International Arbitration commission. International arbitration is a
preferred way to settle international disputes.17 The basic object of this commission is to increase
and maintain the competency of the national courts in favour of the arbitration. It would be too
cumbersome to give an exhaustive list of international arbitration centres, but the ICC International
Court of Arbitration, the London Court of International Arbitration, the Stockholm Chamber of
Commerce, the American Arbitration Association, the Vienna International Arbitration Centre, the
Singapore International Arbitration Centre, and the China International Economic and Trade
Arbitration Commission are certainly among the leaders in the field.18And the last one is The
International Trade Association. International trade associations regroup individuals or companies
that belong to the same economic branch and are involved in international matters.19

Well, these all Institutions tell how the global legal system evolved through the period of time. It is
now developing towards the standard position where it has a codified dignity. To illustrate the role
of these associations in the development of global law, a suitable field for the purpose of narrowing
the analysis is international construction, since it is particularly active and dynamic.20

17
See Rudolf Liesecke, Die typischen Klauseln des internationalen Handelsverkehrs in der neueren Praxis, ZEITSCCHRIFT
FDR WIRTSCHAFTS-UND BANKRECHT, Apr. 1978.
18
For a presentation of various international arbitration centres and their applicable arbitration rules, see FOUCHARD,
GAILLARD, GOLDMAN ON INTERNATIONAL COMMERCIAL ARBITRATION 557-77 (Emmanuel Gaillard & John
Savage eds., 1999); Guy S. Lipe & James L. Loftis, The American Arbitration Association and the International Centre for
Dispute Resolution (AAA/ICDR), in ARBITRATION WORLD: JURISDICTIONAL COMPARISONS xxxi (J. William
Rowley ed., 2d ed. 2006); Michael Schneider, Schiedsverfahren in Streitigkeiten aus Bau- und Anlagenvertragen, in
VERTRAGSGESTALTUNG UND STREITERLEDIGUNG IN DER BAUINDUSTRIE UND IM ANLAGENBAU 159
(Karl-Heinz B6ckstiegel ed., 1984).
19
7 ibid
20
For an overview of trade associations in the construction industry and an analysis of standard conditions or model
contracts issued at national or international levels, see PIERRICK LE GOFF, DIE VERTRACSSTRAFE IN
INTERNATIONALEN VERTRAGEN ZUR ERRICHTUNG VON INDUSTRIEANLAGEN 99-116 (2005)
9
 CHAPTER-3

2. Impact of Global legal system on India and its Legal system

Legislations, laws and rules provide the guidance to each individual of the society as well as the
social activities. And Not only the legislations but also the customary and normative practices,
general principles of right and wrong, and of justice equity and good conscience.

Indian legal system is one of the oldest Legal systems and is the most important feature of the Indian
Constitution. The Indian Legal system follows the common law system of the passed on by the British
community and its infrastructure is totally inspired by the one prevalent in England. And the most
important aspect of this matter is that India is one of the countries which follow the most powerful
system of customary and cultural practices. These practices are turned laws either in the eyes of the
members of society or enforced by the judicial decisions. Most of the judicial decisions are made
by the common law followed in India. Nevertheless, the current situation tells us that global law is
10
 in motion. It is a fact, not just a theory, and we can all contribute to it. 21 These two powers of
judicial review are distinct from each other and are exercised at two different levels.22

Before discussing how the global legal system has impact on India, we have to keep in mind the
working of Indian legal System. We are living in 21st century and our country’s colonial legal
system is not that developed which was expected. ‘The development of any country is measured by
the economic and judicial system, governmental setup and living standard of people which includes
fair and speedy justice. In India, the judiciary reforms are totally necessary because due to delay in
deciding the cases, the whole democratic and economic structure of country is affected. The most
famous example is Harshad Mehta Scam relating to securities market, the court finally punished
Harshad Mehta after seven years of trials, but this order was appealed. The final decision was
arrived after the death of Harshad Mehta.

Apart from this it’s also known that the most basic concept on which the judiciary system relied
upon was Natural Justice and natural Law theory. In a famous English decision in Abbott vs.
Sullivan reported in (1952) 1 K.B.189 at 195 it is stated that “the Principles of Natural Justice are
easy to proclaim, but their precise extent is far less easy to define” 23 Article 22 of the article gives
the rights of natural justice and rights of fair hearing to every person. Hence in the same notion,
Indian legal system has a strong base which provides a better scope of improvement. The best
influential example can be the fair hearing rights given to Kasab (one of the terrorists in 26/11
attacks).

Now, so we talked about how exactly the Indian Legal System works. We are concerned upon how
the global law effects the India as a legal system. Till now it worked taking the Economic side as
most important issue and has evolved a great deal in sector of business which started as
Globalization in India. Globalisation also has great impact on the cultural aspects of India. India
was going under a huge crisis until the policy of globalisation, liberalization and privatization
came, which improved the economic sector suddenly.

21
7 ibid
22
V.S. Deshpande, Judicial Review Of Legislation, Chapter II
23
Principles of Natural Justice, Lecture delivered by Justice T.S.Sivagnanam at Tamil Nadu State Judicial Academy on
01.06.2009
11
 CHAPTER- 4

3. Relation of Global legal System with Legal notions of different countries as well as the role of
different law practitioners and institutions.

Basically three types of legal systems prevail in whole world, i.e., Common law, code law and
Theocratic law. The basis of common law is past practices, legal precedents, and traditions while
code law was based on the written rules system and theocratic was based on religious teachings
which are enshrined in the religious inscriptions. ‘legal regimen of a country consisting of (1) a
written or oral constitution, (2) primary legislation (statutes) enacted by the legislative body
established by the constitution, (3) subsidiary legislation (bylaws) made by the person or bodies
authorized by the primary legislation to do so, (4) customs applied by the courts on the basis of the
traditional practices, and (5) principles or practices of civil, common, Roman, or other code of
law.24The analysis of the concept of global law is per se controversial, like many questions related
to international relations and legal theory.25While talking about the global law in the project, it
24
http://wwwsinessdictionary.com/defination/legal-system.html
25
A good example of such controversial issues is the debate over the years on the existence of the lex mercatoria (law of
merchants) as a self-proclaimed set of rules and principles specifically developed for the needs of international commercial
transactions. For a comprehensive analysis of this debate, see URSULA STEIN, LEX MERCATORIA-REALITAT UND
THEORIE 179-252 (Verlag Vittorio Klostermann 1995); KLAUS PETER BERGER, FORMALISIERTE ODER
12
 seems necessary to talk about the relations of global legal system with various laws, that is, with
International private laws, International Public Law, International trade law, Comparative law and
Lex Mercatoria.

‘International public law is traditionally defined as the set of norms and rules governing the
relations between governments or state entities’26. The international treaties signed bilaterally or
multilaterally by the state representatives comes under the category of International Public law.
Among traditional topics falling within this field of law are the laws of war, international human
rights, world intellectual property, and world health. The fact that it’s the coordination and contract
between the governments, make it a bit narrow scoped. International Private Law is a wider scoped
than the public law. Having a set of rules facilitating the selection of the law governing an
international contract or the court competent to settle a dispute between foreign commercial
companies, to take just two traditional examples, is highly relevant to a global economy. 27 “It can
generally be said that this field of law serves the purpose of establishing i) rules for the selection of
the law applicable to an international situation or contract and ii) rules for the selection of the court
competent to rule over an international dispute.” 28 But one things need to be taken care of that it’s
not necessary that international private law has no role of government in it. Though these contracts
are between the two private organisations or representatives but the consequences may affect the
public or the conflicts between the two may lead to public insecurity, basically for which the global
laws are made. So the conflicts in the International Private Law go to the national courts and are
submitted therein. A few international conventions have enabled progress toward harmonizing at
the international level the conflict of laws or conflict of jurisdiction rules applicable in national
laws, but much remains to be done to make international private law more international. 29 Now the

"SCHLEICHENDE" KODIFIZIERUNG DES TRANSNATIONALEN WIRTSCHAFTSRECHTS: Zu DEN

METHODISCHEN UND PRAKTISCHEN GRUNDLACEN DER LEX MERCATORIA 29-108 (1996).
26
See MICHAEL SCHWEITZER, STAATSRECHT III: STAATSRECHT, Vi5LKERRECHT, EUROPARECHT 3, 7(1986)
27
7 ibid
28
See BERNARD AUDIT, DROIT INTERNATIONAL PRIVt 4-19 (2' 6d.1997); PIERRE MAYER, DROIT
INTERNATIONAL PRIVt 3-4 (3' 6d. 1987); YVON LoUSSOUARN & PIERRE BOUREL, DROIT INTERNATIONAL
PRIVIl 5-23 (3me 6d. 1988)
29
A typical example of an international convention aimed at harmonizing international private law is the Rome Convention
of June 19, 1980, on the law governing contractual obligations. See H6lne Gaudemet-Tallon, Le nouveau droit international
priv6 europien des contrats, REVUE TRIMESTIELLE DE DROIT EUROPIEN 9,215 (1981) (Fr.); Paul Lagarde, Le
nouveau droit international privi des contrats apres l'entr& en vigueur de la Convention de Rome du 19juin 1980, REVUE
13
 relation of global law with comparative law is important in the aspect of legal system as well as
globalisation. As its name indicates, comparative law is about comparing, and the comparison is
generally between i) national laws of different countries (e.g., comparing German law and English
law) or ii) groups of legal systems (e.g., comparing common law and civil law systems). 30
Comparative law is also fundamental to the process of international harmonization, since it enables
the identification of diverging views between national laws and the submission of proposals to
make such laws converge toward a unified solution.31 Due to the harmonizing

Nature, the comparative law is healthier towards globalisation and global legal system. It is a more
decent tool which develops the uniform code for wider application of Law. Though global law and
comparative have different aspects but they seemed to have a same notions. The International
Economic Law covers the wide region of the global law. It can be defined as the collection of
norms regulating the organization of international economic relations, mainly at macroeconomic
level32. It maintains the rules and regulation between the economic relations between the countries
or foreign traders. This nature shows the multidisciplinary part of the global law of how it’s
working taking care of both private and public sectors of economy and politics. A typical example
here is the field of international environmental law, which, mainly through international
conventions, aims at regulating, among others, liability issues and damage compensation arising
from cross-border pollution.33 And lastly, The Lex Mercatoria. The lex mercatoria can be defined
as a collection of transnational legal principles, which derive from international contract practice
CRITIQUE DE DROIT INTERNATIONAL PRIVt 287 (1991) (Fr.).
30
See, for example, the excellent contract law analysis performed by P.D.V. Marsh on the English, French and German legal
systems, which leads to a comparison between civil law and common law. P.D.V. MARSH, COMPARATIVE CONTRACT
LAW: ENGLAND, FRANCE & GERMANY (1994).
31
The drafting of an international convention typically involves, as a preliminary step, a comparative law analysis for the
purpose of i) assessing the differences between legal systems and ii) developing a consensus solution that will facilitate the
signature and ratification of the convention. In order to perform this analysis, working groups in charge of drafting
international conventions systematically include scholars coming from different jurisdictions. A perfect example of the
process leading to an international convention is the detailed analysis made by von Caemmerer and Schlechtriem of the
development and contents of the 1980 United Nations Convention on Contracts for the International Sale of Goods. ERNST
VON CAEMMERER & PETER SCHLECHTRIEM, KOMMENTAR ZUM EINHEITLICHEN UN-KAUFRECHT (1995).
32
See DOMINIQUE CARREAU & PATRICK JUILLARD, DROIT INTERNATIONAL tCONOMIQUE 2-3 (2° 6d. 2005).
33
For a discussion on the need for harmonization of the rules of liability for damage to the environment, see Pierrick Le
Goff, The French Approach to Corporate Liability for Damage to the Environment, and 12 TUL. EuR. & Civ. L.F. 39, 50-53
(1997). For an analysis of conflict of laws issues surrounding cross-border pollution, see Pierrick Le Goff, Faut-il supprimer
les socictMs d risque limitl? Apport et critique de l'analyse &conomique ame'ricaine du droit des socit1s, 51 REVUE
INTERNATIONALE DE DROIT COMPARt [R.I.D.C.] 593,605-08 (1999) (Fr.).
14
 and are especially suited to meet the needs of international commercial transactions. 34 The fact that
certain national courts and international arbitration tribunals expressly refer to principles of the lex
mercatoria when rendering their awards is a good proof of such reality. 35 In connection with the
process of globalization and its impact on international trade, the question has arisen as to whether
a notion of global law, converging around common international practices and values, is emerging
for the benefit of multinational economic players and the international community at large. 36 This
has inspired the whole of the global law but it is not whole part but a key element of global legal
system.

34
See Bertold Goldman, La lex mercatoria dans les contrats et l'arbitrage internationaux: realite etperspectives, 106
JOURNAL Du DROIT INTERNATIONAL [J.D.I.] 475, 475 (1979) (Fr.).
35
See UGo DRAETTA & RALPH LAKE, CONTRATS INTERNATIONAUX: PATHOLOGIE ET REMEDES 35 (1996).
36
This question was one of the topics debated during the Globalization of the Legal Profession Symposium at the Indiana
University School of Law, on April 6, 2006. This article sets out in greater detail the views expressed by the author during
his presentation at the Symposium
15
 CHAPTER- 5

4. Conclusion

Basically, after all the analysis and structural research, we understood the various sides of global
law or legal system and its effects on the different legal system. We studied the components and
parts of global law and its relation with various legal notions as well as the legal institutions and
organizations. It tells us how the small components helped global law to evolve and the scope of its
further evolution as it is still in its developing stage. We also came to know about the Indian legal
system and the reforms which still are needed to be put in the laws prevailing. And most
importantly, the basic impact of global law and globalisation on the economic sector of India. One
of the most reputable European international and comparative law specialists made the point that
"the growing globalisation requires a harmonisation and unification of the rules of law governing
world trade”37. Even so, there is a strong belief and an influential view that globalization is the road
to development during the first quarter of the twenty-first century. 38

37
Ole Lando, A Global Commercial Code, 50 RECHT DER INTERNATIONALEN WIRTSCHAFT [R.I.W.] 161,161
(2004) (F.R.G.).
38
See, for example, Sachs and Warner (1995), who were among the first exponents of this view. This prescriptive view of
globalization is also set out, at some length, by Bhagwati (2004); Wolf (2004).
16
SELECT BIBLIOGRAPHY

Sources

1. English decision in Abbott vs. Sullivan reported in (1952) 1 K.B.189 at 195, Principles of
Natural Justice, Lecture delivered by Justice T.S.Sivagnanam at Tamil Nadu State Judicial
Academy on 01.06.2009.

2. Harshad Mehta Scam, Harshad S. Mehta vs. Union Of India, And Another on 29 July, 1992
Equivalent citations: (1992) 94 BOMLR 789, 1992 CriLJ 4032

3. Article 22, Right To Natural Justice, The Constitution Of India,1950

Books

1. V.S. Deshpande, Judicial Review Of Legislation, Chapter II

2. The Reflection of Global Law edited by Shavana Musa Eefie de Volder

3. Concept of Law by H.L.A Hart

4. The New Global Law by Rafael Domingo

Articles

1. What is global law? ’, Guiliana Ziccardi Capaldo, August 10, 2015, Oxford University Press’s
Academic Insights for the Thinking World

2. ‘Structure of Indian legal system: Original Origin and Development’, Dheeraj Kumar Tiwari,
International Journal of Law and Legal Jurisprudence Studies

3. Le Golf, Pierrick (2007) "Global Law: A Legal Phenomenon Emerging from the Process of
Globalization," Indiana Journal of Global Legal Studies: Vol. 14: Issue 1, Article 7

17
 4. John W. Meyer, Globalization Theory and Trends, 48 INT’L J. COMP. SOCIO. 261 (2007)

5. Rudolf Liesecke, Die typischen Klauseln des internationalen Handelsverkehrs in der neueren
Praxis, ZEITSCCHRIFT FDR WIRTSCHAFTS-UND BANKRECHT, Apr. 1978

6. Principles of Natural Justice, Lecture delivered by Justice T.S.Sivagnanam at Tamil Nadu State
Judicial Academy on 01.06.2009

7. Bertold Goldman, La lex mercatoria dans les contrats et l'arbitrage internationaux: realite
etperspectives, 106 JOURNAL Du DROIT INTERNATIONAL [J.D.I.] 475, 475 (1979) (Fr.).

8. Ole Lando, A Global Commercial Code, 50 RECHT DER INTERNATIONALEN

WIRTSCHAFT [R.I.W.] 161,161 (2004) (F.R.G.).

News Paper Articles

1. The Hindu

2. The Economic Times

3. The Business Line

4. Times of India

Internet Sources

1. Hauser Global Law School Program, Working Papers, Global Law Working Papers, http://
www.nyulawglobal.org/workingpapers/glwpsmain.htm (last visited Nov. 16, 2006) [hereinafter
Hauser Global Law Working Papers].

2. For a comprehensive list of typical public international law topics, see Wikipedia.org, List of
International Public Law Topics (June 16, 2006), http://wikipedia.org/wiki/list-ofinternational-
public-lawtopics

3. http://wwwsinessdictionary.com/defination/legal-system.html

4. Commission of the European Communities, Communication from the Commission to the

European Parliament and the Council, A More Coherent European Contract Law: An Action

18
 Plan, COM (2003) 68 final (Feb. 12, 2003), available at http://www.isda.org/c-and-a/pdf/com-
2003-68_en. pdf

5. International Chamber of Commerce Home Page, http://www.iccwbo.org (last visited Oct. 1,

2017).

19