Evolution of Legal Rule Making Process in The Globalization Era

Since early 1990s, law, like many other sciences, recognized the globalization phenomenon. Earlier, law had encountered the phenomenon of internationalization which dealt with the interaction between two or more governments regardless of their geographic locations. But the new development i.e. globalization of law, is much more pervasive and includes much wider legal areas. Among the effects of globalization on law, is the change of legal rule making process, and appearance of new rule making institutions in the field of law. Factors such as internationalization of law, globalization of economy, and the crisis of democratic legitimacy of governments, have had impacts on the composition of legal rule making entities. Although still government is the most important legal player, other institutions such as civil society and economic private sectors have gained significant shares in the process. Activism of these players, which are formed by citizens, is, in traditional interpretation, nonelective, and in other words, non-democratic. This has turned legitimacy of legal rules in the globalization era into a pivotal challenge in the debates on globalization of law. On the other hand, the basic issue is how to divide the law making jurisdictions between the old and the new claimants.