Régulation et droit économique
September 11 2001 events, in all their archaism, are meaningful not only for the role of States as source of law but also for the globalisation phenomenon in one of its most crucial consequence: the « merchandisation » of most, if not all, human exchanges. The previously unchallenged belief in se...
Enregistré dans:
| Auteur principal: | |
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| Format: | Article ou chapitre numérique |
| Langue: | Français |
| Publié: |
2002
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| Accès en ligne: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Résumé: | September 11 2001 events, in all their archaism, are meaningful not only for the role
of States as source of law but also for the globalisation phenomenon in one of its most
crucial consequence: the « merchandisation » of most, if not all, human exchanges.
The previously unchallenged belief in self regulation must be reassessed in the light
of these events. Trade alone is not a warranty for peace. Contract has no capacity to
realise social regulation by and as of itself. Clearly the State – Cosmopolitic State as
defined by Kant – must emerge again in order to define a global legal space. That
State must not be the minimalist version of it which has been accepted in the late XXth
century. The fact that many more exchanges have been treated as goods or services
when they should have stayed outside the economic sphere (health, security,
education, culture, to cite only a few) is challenged in the most dramatic manner.
Action is urgently needed to change gear and prevent more horrendous similar
events. |
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