Amnon Lehavi (Harry Radzyner Law School)

Globalization through the re-codification of property law?

Venue: room H1 at Campus Luigi Einaudi

Abstract. The globalization of markets, technology, and interpersonal networks poses a growing challenge for national legal systems. Property law is traditionally considered as a “domestic” field of law, not only because if its structural features (such as the in rem or numerus clausus principles), but also because it promotes cultural, economic, and social values. The decision if property law should be globalized also requires a choice among potential globalization strategies (how to do so). This lecture examines four globalization strategies: (1) soft law / private ordering; (2) conflict of laws; (3) approximation; and (4) supranationalism. It does so by comparing three types of assets: land, digital assets, and cultural property – which have all been dramatically affected by current processes of globalization, albeit in diverging ways. I argue that different strategies of globalization, and corresponding forms of re-codification of national property laws, should be adopted for land, digital assets, and cultural property.

Introduction

Michele Graziadei, Università di Torino.

Discussant

Sabrina Praduroux, Università di Torino.