Mireille Delmas-Marty Comparative Legal Studies and Internationalisation of Law (2003-2011)
- "European Construction and internationalisation of law"
- "Internationalisation of law and globalisation".
The objective, building on the formal courses ("The relative and the universal" in 2003 and 2004, "Ordering Pluralism" in 2005, "Re-founding Powers" in 2006, and finally "Towards a community of values? – founding prohibitions and fundamental rights" in 2007 and 2008), is to analyze the influence on legal systems of the main factors of internationalisation: the universalism of human rights and economic globalisation.
This research program concentrates on normative and institutional interactions, in particular, both vertical processes (between the national, international, regional and global levels) and horizontal processes (between differing legal areas, such as human rights, environmental law, and the law of the market).
Starting from a description of observed practice, the hypothetical basis of the research is that there is a mutation in the very conception of legal systems. Studying this mutation requires research based more on the dynamics of transformation than on stabilization models: the internationalisation of law does not imply the suppression of the traditional model (state based, unified and stable), but the superposition of other, more complex and as yet unstable models, born out of a polycentric normative space, following a dialogical order and an evolving periodicity. Neither monist nor dualist, this model may be called "ordering pluralism".
The method used to verify this hypothesis consists, as the title of the Chair implies, not of separating, but rather of combining comparative studies and those relating to international law.