Global Law

Insight | February 2017

Global Law
Image: ‘Unity’ by Unknown Artist

The idea of a ratified ‘global law’ is a concept that once seemed fantastical, and yet by all accounts, appears now like the primary ingredient to social, industrial and civil equilibrium.

But how does this happen, and what steps might be needed to preserve the needs of the many from the wants of the few? To date, the concept of a single law is more convincing than any suggestion that genuine efforts are being taken to construct a jurisdiction without physical bounds, however it fails to prevent visionaries from imagining such a world, or pondering what form that framework might take.

Giuliana Ziccardi Capaldo, Full Professor of International Law at the University of Salerno Italy, discussed her idea of global law in 2015, and chose to use a web-like hierarchy to describe how each individual player would forge alliance with the next, because in her opinion:

“Global law is elastic enough to integrate the heterogeneous elements of the various and different legal orders into a unitary framework. It is up to the community of international legal scholars/lawyers to manage the complexity in the unit of the web of the global law system; the unitary framework retains the flexibility to allow for respecting the diversity of the plurality of embodied legal orders.”

Yet regardless of how one might perceive an ideology, the sheer scale of expectation asked of legal mega-firms and governmental bodies still seems disproportionate to the discipline required to undertake it. Having investigated current online debate, the results are discouraging to say the least, and when the world’s highest grossing law firm Latham & Watkins LLP offers no visible research, or even discussion of a unitary law, it suggests that perhaps the practice industry think-tanks are predisposed to monitoring investment strategies, over any notion that we may well be walking headlong into dispensation of justice from a centralised platform.

On a smaller scale, the benefits of a singular jurisdiction were recently implemented in October 2016 within Northern Ireland, and while not exactly a transcontinental shift, the objectives become evident, even if only from an administrative level, as was explained in a document published by the Northern Ireland Courts and Tribunal Service (NICTS), which said:

“There will no longer be County Court Divisions or Petty Sessions Districts and all relevant court documents have been amended to reflect this. The words “County Court Division of….” And “Petty Sessions District of……”will no longer appear on any court order or other documentation as court templates have been adapted.”

Whereas in the United Kingdom, we have a groundswell of opposition to the presence of Sharia laws, and if there was ever a reason for the unification of law, this concept would surely warrant a compelling body of evidence against the secular nature of unregulated doctrine.

Formed as part of this resistance, the website onelawforall.org.uk, is built upon a collective determination to remove the propagation of inequality through religious laws, in hope of the reestablishment of democratic values. This growing objection has been defined through a powerful rhetoric, claiming simply that:

“Sharia law is discriminatory and unjust, particularly against women and children.
Sharia courts in Britain are a quick and cheap route to injustice and do nothing to promote minority rights and social cohesion.”

It is suggested that the oppressive effects of this ancient law have been felt through gender specificity, which is not an ideology that could ever hope to find its way into the annals of any ‘new world’ law; and yet because there is no such codification, legal splinter factions are left free to flourish within the confines of domestic legislature.

In India, the application of a single industry law appears to provide huge benefits to small-scale factory owners, desperately trying to navigate the legal loopholes that strangle economic growth and preserve monopolisation.

With the design of improving manufacturing processes, the labor ministry created new legislation in order to overcome the problems faced by the nations entrepreneurs and workers alike, as explained by Mahendra Singhi, in her article for the Times of India:

“At present, small units have to comply with 44 Central labour laws and over 100 state laws…which discourages them to hire workers from the organized sector, and thus denying them basic rights…the government hopes that a single unified law will ensure less cost to the owner and better minimum wages, bonus and maternity benefits to the workers.”

It would seem for now at least, that while unitary rule and governance is constitutionally, commercially and quasi-socially acceptable, the thought of, or preclusion to, entrustment of a law written to serve a race of people, is both a bridge too far and paradoxically swept from the agenda; which while sounding trite in its definition, ought not mislead readers into believing a world law of some kind is not too far beyond our horizon.

This then raises the question of were a unitary law to become a reality, then how would those changes begin to materialise? Will a spark of legal renaissance ignite from within the people, or will the centralisation of power emanate from the core of contributory states?

Contrastingly, does commerce now helm the wheel of judicial evolution, or is politics driving that bus? In the latter event, it seems that the lines frequently blur, so recipients of information inevitably become less concerned with socio-political commentary than the motives underlying it, although whichever sector pushes first for answers, the time for such legal reimagining is overly ripe for discourse.

 

 

Future Law

Insight | February 2017

Future Law
Image: ‘Into the Future’ by Trilby Cole

The world is in an increasing state of flux, and we are all racing to keep up. While there are countless casualties of the speed at which this is happening, the emerging impact upon law, and how it is both written and applied, is in need of collective address. We cannot reasonably hope to continue existing as island communities, instead there is a genuine need to share a goal of jurisdictional interdependence; a process that is already in delicate motion, despite entrenched political and religious divergence, or the increased polarity of wealth.

How these legal adjustments will materialise is still hard to quantify with precision, but there is evidently a number of academic and professional opinions echoing a similar message, and it is perhaps time that the global community started to at least consider the plausibility a uniform rule of law, instead of assuming that the status quo can continue to remain effective.

Regular contributor to domestic industry news is The Law Society, whose recent article ‘The Future of Legal Services‘ touches upon a number of nationally indicative trends that convey a similar pattern to those held here; and key elements such as the growth of national and international economies, along with the quantum progression of technology, are instrumental in shaping emerging legal practices and the prevalence of market-adjusted pricing. However, it is just as important to note that the converging of political manifestos will ultimately produce a narrowing of access to justice, through global regulation and a fierce preservation of economic interests.

In fact, one of the many questions asked of law graduates seeking training contracts, is how they feel the merging of investment and banking sectors will influence the overall operation of multi-national law firms, as a growing number seek consolidation to navigate the undercurrent of change. While it is a reasonable question in itself, it demonstrates a lack of cognisant awareness to the effects of destabilisation, despite history showing that the only real constant is change.

In contrast, we need only look at driverless cars to appreciate the impact automation of transport will have upon civil litigation and road traffic accident claims, as after all who becomes liable when injury does occur? There are also suggestions that mechanised judges could prove the way forward when trying to manage the algorithms of robot-created journalism, and how best to decipher the rights from the wrongs, as was discussed in a recent paper in the European Journal of Law and Technology; an article that ponders not only possible extinction of the human prose, but the relevance of solicitors when complex cases require meticulous attention to detail, and a diverse range of case material to help develop laws.

Similarly, when an internationally administrative view is expressed, the cautionary sentiments remain just as poignant when considering that the reluctance to welcome organic growth leaves a lot to be desired. This concern was remarked by Angel Gurria OECD Secretary-General back in 2015, when she spoke at the UK Global Law Summit and warned:

“The classic model for the development of international law is not always adapted or even adequate to this rapidly changing environment. In contrast, the negotiation of major international conventions or agreements is often slow and painful. In some cases  it has come to a complete standstill.”

So when we contemplate the hybrid mechanisation of justice and legal discourse, we also embrace a fear that risks crippling those students seeking to secure their place in all areas of practice. Although there is no doubt that an empathic and world-experienced lawyer can undoubtedly help lead the charge into this new era of dispute resolution. However, such an endorsement is shallow by design if the industry does nothing to exploit attributive software in lieu of effective human centred mediation, as was pointed out by Adam Nguyen of Law Technology Today, who writes:

“Although technology is taking over many aspects of lawyer’s jobs, automated tools are adept at rescuing lawyers from low-level and repetitive tasks, such as document management, contract review, filing, docketing, billing and accounting which bear little connection to law practice but increasingly consume much of lawyers’ time.”

Whichever way we choose to look at it, the increasingly immediate need to synergise with autonomous (and ultimately supportive) forms of non-human legal administration (and even algorithmic case determination) is inching closer, and while it may send shivers up some spines, it would be unwise to overlook the total number of fail cases falling victim to poor preparation, and the unimaginative cross-referencing of legal resources; all of which dilutes down to shedding the fear in the face of this unavoidable truth, in order to nurture better lawyers, lawmakers and judges, regardless of geography and jurisdiction.