Government to State
Globalization, Regulation, and Governments as Legal Persons
Bibliographic Data
| ID | 19466652 |
|---|---|
| Authors | Mclean Mclean (Indiana University, corresponding author) |
| Year | 2003 |
| Volume | 10 |
| Issue | 1 |
| Pages | 173 |
| Publication date | 2003-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Indiana Journal of Global Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 1080-0727 • E-ISSN: 1543-0367 |
| Publisher | Indiana University Press (PUBLISHER • US) |
| DOI | 10.2979/gls.2003.10.1.173 |
| OpenAlex | W2092540828 |
| Language | EN |
| Citations received | 3 |
| References cited | 8 |
Is the state dead, in retreat, or increasingly significant? Much of the globalization literature disputes these questions. Responses tend to vary according to the discipline invoked and its preexisting assumptions about the state. A legal account of the nation-state, together with an account of how the dominant legal conceptions are shifting, may provide fresh insights into the phenomenon of globalization. This paper focuses on how governments have typically been conceived as legal persons in the Anglo-American tradition and traces how the increasing significance of international treaties and contractual modes of governance has affected those conceptions. There is no single version of government as a legal entity. The law conceives of government differently depending on the subdiscipline involved. The internally-focused public law subdisciplines of administrative and constitutional law construct government as an entity fragmented by the separation of powers. The externally focused international law subdiscipline constructs government as a whole, unified in the executive. Contract law shares this version of government as a unified legal person dominated by the executive. How the government actor is constructed will depend on which
Business · China · Economics · Globalization · Government regulation · International trade · Political economy · Political science · Conflict of Laws and Jurisdiction · Corporate Law and Human Rights · International Arbitration and Investment Law · Law · Public Administration
| Citations per year | 0.16 |
|---|---|
| Citation span | 2007 - 2012 (6) |
| Highly cited | No |