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Introduction

Published online by Cambridge University Press:  04 January 2019

Amnon Lehavi
Affiliation:
Harry Radzyner Law School, Israel
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Summary

The Introduction identifies the prominent challenges that contemporary processes of globalization pose for the study and practice of property law. The Introduction emphasizes the unique features of property being both a public law and a private law discipline and explains how the institutional and structural features of property law exhibit particular modes of tension between cross-border activities and current legal systems. It introduces four legal strategies that can be employed to decrease the gap between property law and the cross-border nature of markets, interpersonal networks, and technology. These strategies are soft law, conflict of laws, harmonization, and supranationalism. It underscores the methodological principles for evaluating these globalization strategies by offering a quantitative versus qualitative analysis, emphasizing the need for an interdisciplinary approach, highlighting the role of institutions, and examining the functional/normative trade-off in choosing a globalization strategy.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Introduction
  • Amnon Lehavi
  • Book: Property Law in a Globalizing World
  • Online publication: 04 January 2019
  • Chapter DOI: https://doi.org/10.1017/9781108595391.001
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  • Introduction
  • Amnon Lehavi
  • Book: Property Law in a Globalizing World
  • Online publication: 04 January 2019
  • Chapter DOI: https://doi.org/10.1017/9781108595391.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Amnon Lehavi
  • Book: Property Law in a Globalizing World
  • Online publication: 04 January 2019
  • Chapter DOI: https://doi.org/10.1017/9781108595391.001
Available formats
×