Globalization

Articles in The Journal of Regulation & Compliance « JoRC »

RAPP, Lucien🕴️

📝L’obligation de Compliance dans les chaînes de valeur, in 🕴️M.-A. Frison-Roche (dir.), 📕L’obligation de Compliance

► Full Reference: L. Rapp, "Compliance, Chaines de valeur et Économie servicielle",  ", in M.-A. Frison-Roche (dir.), L'obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Dalloz, coll. "Régulations & Compliance", 2025, pp. 153-172. - 📕read the general contribution of the book, L'Obligation de Compliance, in which this contribution is published - ► English summary of this contribution  (done par its author) :  Based on an analysis of the value chains of companies in the space sector and their recent evolution, this contribution examine the role, place and current transformations of compliance policies and strategies in the context of an industrial transformation that has become essential: the transition from an industrial economy to a service economy. - 🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses -

Articles in The Journal of Regulation & Compliance « JoRC »

GUTMANN, Daniel🕴️

📝Droit fiscal et obligation de compliance (“Tax Law and Compliance Obligation”), in 🕴️M.-A. Frison-Roche (dir.), 📕L’obligation de Compliance (“Compliance Obligation”)

► Full Reference: D. Gutmann, "Droit fiscal et obligation de compliance" (Tax Law and Compliance Obligation), in M.-A. Frison-Roche (dir.), L'Obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Dalloz, coll. "Régulations & Compliance", 2025, pp. 199-207. - ► English summary of this contribution (done by the Journal of Regulation & Compliance): The author takes up the hypothesis of a Compliance Law defined by its Monumental Goals, the realisation of which is entrusted to "crucial operators" and confronts it with Tax Law. The link is particularly effective since these operators possess what governments need in this area: relevant Information. Going further, Compliance Law can give rise to two types of obligations on the part of these operators, either towards others operators who need to be monitored, corrected or denounced, or towards themselves, when they need to make amends. In the first part of this contribution, the author shows that Compliance Obligation reproduces the mechanism of a Tax Law which, for large companies, is embroiled in a process of increasing Globalisation. It enables Governments to aspire to the "Monumental Goals" of combating tax optimisation and impoverishing governments, victims of the erosion of the tax base, in the face of the strategies of companies that are more powerful than they are themselves, by using this very power of firms to turn it against them. Companies become the willing or de facto allies of governments, particularly when it comes to recovering tax debts, or assist them in their stated ambition to achieve social justice.  In this way, the State "manages" Tax Law by cooperating with companies. In the second part, the author outlines the contours of this business Compliance Obligation, which is no longer simply a matter of paying tax. Beyond this financial obligation, it is more a question of mastering Information, particularly when multinational companies are subject to specific tax reporting obligations and are required to reveal their tax strategy, presumed to be transparent and coherent within the group : this legal presumption gives rise to obligations to seek information and ensure coherence, since a single tax strategy is not self-evident in a group. The author emphasises that companies have accepted the principles governing these new compliance obligations and are tending to transform these obligations, particularly Transparency, into a communication strategy, in line with the ESG criteria that have been developed and a desire for fruitful relations with stakeholders. Therefore the tax relations developed by major companies are being extended not only to the tax authorities, but also to NGOs, by incorporating a strong ethical dimension. This is leading to new strategies, particularly in the area of Vigilance. The author concludes: "A n’en pas douter, l’obligation de compliance existe bel et bien en matière fiscale." ("There is no doubt that the Compliance Obligation does exist in tax matters"). - 📕read the general presentation of the book, L'obligation de Compliance, in which this contribution is published -

Publication director

🏗️ direction of the collection: 📚Cours Dalloz – Série Droit privé

📚Publication of : 🕴️J.-B. RACINE, 🕴️F. SIIRIAINEN, 🕴️S. MENÉTREY, 📕Droit du commerce international (International Trade Law), 4th ed.

► Full Reference : J.-B. Racine, F. Siiriainen, S. Menétrey, Droit du commerce international (International Trade Law), 4th ed., 2025, Dalloz, “Cours Dalloz-Série Droit privé” Series, 410 p. - ► General presentation of this Course (written in French) : This Course sets out all the specific rules of international trade (sale, transport, distribution, etc.). International trade law has become a discipline at the heart of the process of globalisation of the economy. It is therefore expanding rapidly. It is not merely a branch of private international law. International trade law has a definite autonomy through its spirit, its methods and its object. The sources of this law are particular insofar as it gives pride of place to the usages of international trade, more generally referred to as the lex mercatoria. The actors of international trade are varied: companies, of course, but also States. The particularism of international trade law also lies at the level of international trade operations: sale, transport, distribution, etc. obey specific rules, most often substantive rules of international origin. Finally, the importance and originality of international trade law are shown in the use of arbitration. As private justice, arbitration has today become the ordinary means of resolving international trade disputes. The book is intended for students discovering the subject as well as for academics and practitioners. It combines theoretical knowledge and practical guidance. It opens onto a different vision of law, that is to say a law partly dissociated from the State. It also stresses the need to build a law that meets the challenges of globalisation. - 📚See the entire collection in which the book is published. - 📚Books in the collection directly related to this one : 🕴️B. Haftel, 📕Droit international privé (Private International Law) 🕴️D. Mainguy, 📕Contrats spéciaux (Specific Contracts) -

Articles in The Journal of Regulation & Compliance « JoRC »

GUTMANN, Daniel🕴️

📝Tax Law and Compliance Obligation, in 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Obligation

► Full Reference: D. Gutmann, "Tax Law and Compliance Obligation", in M.-A. Frison-Roche (ed.), Compliance Obligation, Journal of Regulation & Compliance (JoRC) and Bruylant, "Compliance & Regulation" Serie, to be published - 📘read a general presentation of the book, Compliance Obligation, in which this article is published - ► Summary of the article (done by the Journal of Regulation & Compliance – JoRC): The author takes up the hypothesis of a Compliance Law defined by its Monumental Goals, the realisation of which is entrusted to "crucial operators" and confronts it with Tax Law. The link is particularly effective since these operators possess what governments need in this area: relevant Information. Going further, Compliance Law can give rise to two types of obligations on the part of these operators, either towards others operators who need to be monitored, corrected or denounced, or towards themselves, when they need to make amends. In the first part of this contribution, the author shows that Compliance Obligation reproduces the mechanism of a Tax Law which, for large companies, is embroiled in a process of increasing Globalisation. It enables Governments to aspire to the "Monumental Goals" of combating tax optimisation and impoverishing governments, victims of the erosion of the tax base, in the face of the strategies of companies that are more powerful than they are themselves, by using this very power of firms to turn it against them. Companies become the willing or de facto allies of governments, particularly when it comes to recovering tax debts, or assist them in their stated ambition to achieve social justice.  In this way, the State "manages" Tax Law by cooperating with companies. In the second part, the author outlines the contours of this business Compliance Obligation, which is no longer simply a matter of paying tax. Beyond this financial obligation, it is more a question of mastering Information, particularly when multinational companies are subject to specific tax reporting obligations and are required to reveal their tax strategy, presumed to be transparent and coherent within the group : this legal presumption gives rise to obligations to seek information and ensure coherence, since a single tax strategy is not self-evident in a group. The author emphasises that companies have accepted the principles governing these new compliance obligations and are tending to transform these obligations, particularly Transparency, into a communication strategy, in line with the ESG criteria that have been developed and a desire for fruitful relations with stakeholders. Therefore the tax relations developed by major companies are being extended not only to the tax authorities, but also to NGOs, by incorporating a strong ethical dimension. This is leading to new strategies, particularly in the area of Vigilance. The author concludes: "A n’en pas douter, l’obligation de compliance existe bel et bien en matière fiscale." ("There is no doubt that the Compliance Obligation does exist in tax matters"). - 🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses -

Articles in The Journal of Regulation & Compliance « JoRC »

RAPP, Lucien🕴️

📝Compliance, Value Chains and Service Economy, in 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Obligation

► Full Reference: L. Rapp, "Compliance, Value Chains and Service Economy", in M.-A. Frison-Roche (ed.), Compliance Obligation, Journal of Regulation & Compliance (JoRC) and Bruylant, "Compliance & Regulation" Serie, to be published - 📘read a general presentation of the book, Compliance Obligation, in which this article is published - ► Summary of the article (done by the author, translated by the Journal of Regulation & Compliance – JoRC): Based on an analysis of the value chains of companies in the space sector and their recent evolution, this contribution examine the role, place and current transformations of compliance policies and strategies in the context of an industrial transformation that has become essential: the transition from an industrial economy to a service economy. - 🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses -

Working papers

Working Paper

🚧Use of private companies by Compliance Law to serve Human Rights

► Full reference: M.-A. Frison-Roche, Use of private companies by Compliance Law to serve Human Rights, Working Paper, May 2023. - This Working Paper is the basis of: 🎤a conference done in French in Toulouse on June 16, 2023 📝an article previously written before and for this conference, and subsequently published in the book Puissances privées et droits de l'homme ("Private Powers and Human Rights") - ►Summary of this Working Paper: Following the legal tradition, Law creates a link between power with a legitimate source, the State, public power being its prerogative, while private companies exercise their power only in the shadow of this public power exercised ex ante.  The triviality of Economic Law, of which Competition Law is at the heart, consisting of the activity of companies that use their power on markets, relegates the action of the State to the rank of an exception, admissible if the State, which claims to exercise this contrary power, justifies it.  The distribution of roles is thus reversed, in that the places are exchanged, but the model of opposition is shared. This model of opposition exhausts the forces of the organisations, which are relegated to being the exception. However, if we want to achieve great ambitions, for example to give concrete reality to human rights beyond the legal system within which the public authorities exercise their normative powers, we must rely on a new branch of Law, remarkable for its pragmatism and the scope of the ambitions, including humanist ambitions, that it embodies: Compliance Law. Compliance Law is thus the branch of Law which makes the concern for others, concretised by human rights, borne by the entities in a position to satisfy it, that is to say the systemic entities, of which the large companies are the direct subjects of law (I). The result is a new division between Public Authorities, legitimate to formulate the Monumental Goal of protecting human beings, and private organisations, which adjust to this according to the type of human rights and the means put in place to preserve them. Corporations are sought after because they are powerful, in that they are in a position to make human rights a reality, in their indifference to territory, in the centralisation of Information, technologies and economic, human, and financial means. This alliance is essential to ensure that the system does not lead to a transfer of political choices from Public Authorities to private companies; this alliance leads to systemic efficiency. The result is a new definition of sovereignty as we see it taking shape in the digital space, which is not a particular sector since it is the world that has been digitalised, the climate issue justifying the same new distribution of roles (II).  -   🔓read the full developments below⤵️ - 🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐 subscribe to the Newsletter MAFR Regulation, Compliance, Law 

Articles in The Journal of Regulation & Compliance « JoRC »

BOURSIER, Marie-Emma🕴️

📝Les Buts Monumentaux de la Compliance : mode d’expression des États, in 🕴️M.-A. Frison-Roche (ed.), 📕Les Buts Monumentaux de la Compliance

► Full Reference: M.-E. Boursier, "Les buts monumentaux de la compliance : mode d'expression des États" ("Compliance Monumental Goals: States' mode of expression"), in M.-A. Frison-Roche (ed.), Les Buts Monumentaux de la Compliance, coll. "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Dalloz, 2022, pp. 467-474. - 📕read a general presentation of the book, Les Buts Monumentaux de la Compliance, in which this article is published - ► Summary of the article (done by the Journal of Regulation & Compliance): "Monumental goals" are the raison d'être of Compliance and give it meaning: they are enriched with a political objective making it rise to the status of true legal norms. Compliance Law emerged from the confrontation of States with globalisation, leading to an eviction of traditional legal notions. The monumental goals are the expression of public policies that can be deployed in such a context, thanks to the articulation that Compliance builds with private stakeholders, who spontaneous or constrained contribute. Through this new Law, States regain their agility face to markets. Indeed, these monumental goals justify this new responsibility weighing on the companies and the new powers that the States express beyond their traditional borders. -

Articles in The Journal of Regulation & Compliance « JoRC »

LAGARDE, Paul

Preface of the book “Le tournant global en droit international privé”

Full reference: Lagarde, P., Preface of Le tournant global en droit international privé, Muir-Watt, H., Biziková, L., Brandão de Oliveira, A., Fernández Arroyo, D. P., Ma, M. (ed.), Editions Pedone, 2020, pp. 9-14 Read Paul Lagarde's preface (in French)

Articles

The practical utility of having a firm definition of “Compliance”​

Full reference : Frison-Roche, M.-A., The practical utility to have a firm definition of "Compliance", Newsletter MAFR – Law, Compliance, Regulation, 10th of August 2020. Read by subscribing the other news in the Newsletter MAFR – Law, Compliance, Regulation   Summary of the news Some says that defining Compliance is a theoretical and non useful exercice that should be left aside to tackle the study of concrete technical cases. However, to be able to use Compliance tools, it is first necessary to have a clear, firm and simple idea of what is Compliance. Moreover, the future of this new branch of law intensely depends on the definition we choose to use.  Compliance Law gives to some crucial private firms new responsibilities such as the one to fight against global dangers or the one of saving the planet. In this, Compliance Law can be perceived as a kind of new deal between the private sector and public authorities, with the only difference that this time the consent of the private sector is not required. Some would say that the concretization of such projects is the duty of the State and that private firms, if they must respect the rules, do not have to find a way to concretize a "monumental goal". However, the world face new and systemic dangers in the face of which the State alone is powerless, technically or geographically, and against which crucial companies can act. It is not about, as some advocate to put human being aside of Compliance Law by letting machines decide. It is about placing the human being and its protection at the heart of Compliance Law. In this, Compliance Law can become a new humanism.    To go further, read Marie-Anne Frison-Roche's working paper, The Dreamed Compliance Law 

Articles

SALAH, Mahmoud, Mohamed

The Legal Framework for New Silk Roads: a Globalized Law at the Service of a Global ambition. When China Discovers the Virtues of Globalization of Law

Full reference: Salah, M. M., The Legal Framework for New Silk Roads: a Globalized Law at the Service of a Global ambition. When China Discovers the Virtues of Globalization of Law, International Business Law Journal, n°3, 2020, pp. 319-351 This article is available for Sciences Po's students via the Drive in the folder MAFR Regulation et Compliance

Working papers

Compliance Law, Health crisis and Future

This interview was conducted in French with Olivia Dufour, for an article published in French in the digital publication Actualité Juridique. Its subject is  the confrontation between the current health crisis situation and the Compliance Law.    Summary. After defining Compliance Law, distinguishing the procedural and poor definition and the substantial and rich definition, the starting point is to admit the aporia: the type of health crisis caused by Covid-19 will be renewed and it is imperative to prevent it, even to manage it, then to organize the crisis exit. Public Authorities are legitimate to do so, but because this type of crisis being global and the State being consubstantially linked to borders, States are hardly powerful. Their traditional International Law shows their  limits in this current crisis and one cannot hope that this configulration will improve radically. In contrast, some companies and markets, notably the financial markets, are global. But the markets are not legitimate to carry out such missions and counting on the generosity of certain large companies is far too fragile in front of the "monumental goal" that is the prevention of the next health crisis, crisis which must never happen. How to get out of this aporia? By Compliance Law, basis of, in a literal and strong sense, the "Law of the Future".  We need to be inspired by the Banking and Financial Compliance Law. Designed in the United States after the 1929 crisis to tend towards the "monumental goal" of the absence of a new devastating crisis in the country and the world,  this set of new legal mechanisms gave duty and power of supervision, regulation and compliance to market authorities and central bankers. These are independent of governments but in constant contact with them. Today, they claim to have as first priority the fight against climate change. Now and for the future, they must also be given the responsibility and the powers to prevent a global health disaster, similar to a global ecological disaster, similar to a global financial disaster. This does not require a modification of the texts because their mandate consists in fighting instability. Stability must become a primary legal principle, of which the fight against monetary instability was only a first example. By the new use that central banks must make of it by preventing and managing health crises, Compliance Law will ensure that the future will be not catastrophic.

Books

Patrick BOLTON - Morgan DESPRES - Luiz Awazu PEREIRA DA SILVA Frédéric SAMAMA - Romain SVARTZMAN, The Green Swan

The Green Swan

Reference: Patrick BOLTON – Morgan DESPRES – Luiz Awazu PEREIRA DA SILVA – Frédéric SAMAMA – Romain SVARTZMAN, The green swan: central banking and financial stability in the age of climate change, Banque des Règlements Internationaux, Janvier 2020 Accede to article

Working papers

The part and the all: the Amazon is related to what? For Brazil and the United States, the “part”; for France, the “All”. The issue is here

  Summary : In August 2019, about the fire devastating the Amazon, the French Minister of Ecology says that this fact "is not just the business of a state" (n'est pas que l'affaire d'un Etat). This assertion denies the postulates of Public International Iaw (I). This supposes a new system, based on the idea that the power of the State on its territory is erased when the object that is there is no longer related to this "part" but to the All that is Universe (II). Let's accept the augur. First question: if it is not only the case of a State, whose business is it? (III). Second question: to anticipate the other cases that fall under this regime, what should be the criteria in the name of which the All will have to prevail over the part and who will then take care of the case of which the "local" State is divested? (IV). Because the perspective goes beyond the environment, beyond Brazil, beyond the States. It leads to Compliance Law animated by "monumental goals" that are the concern for the Universe and humans, in a humanist spirit. Let's go.   - On August 27, 2019, on the French radio France Inter, Elisabeth Borne, French Minister of Ecology (Transition écologique) expresses it clearly:  "Quand on est sur un enjeu tel que l'Amazonie, ça n'est pas que l'affaire d'un État", that can be translated : "When we are on a stake such as the Amazon, it is not only the business of one State ". Starting from one case, "the Amazon", the Minister, thus taking up the position of the French President, associates a general consequence: "it is not only the affair of one State". This is not a trivial sentence.   This affirmation denies, and why not, the entire system of Public International Law (I). By a new reasoning based on the idea that the All prevails, as by an effect of nature, on the Part (II).   Admitting this, it leads to opening two sets of questions. The first is related to the following main question: if it is not only the case of one State, of which is this the concern (III)? The second set of questions revolves around the questioning of the criteria on behalf of which other cases must be seized in the name of "All " and how to do it (IV).     I. THE QUESTIONING OF THE CLASSIC SYSTEM OF PUBLIC INTERNATIONAL LAW   Since forever, but this is not suffcient to keep the system only for that, the world is legally organized around the concept of territory, which has as for corollary the notion – already more legal – of border. On this basis rests the postulate of International Law: parties, taking the legal form of States, which, if they have common interests, come into contact (A). Admittedly, the notion of "right of interference" has called into question that (B), but in the name of an altruism that does not destroy the territory. The new idea that appears here is that the territory would be no more than a part of an All, in the name of which one would be legitimate to speak, even to decide in the place of the State in whose territory an event takes place (C).   A. The postulate of Public (and Private) International Law: parties (States) which, because of common interests, are in contact The notion of State includes in its very definition the notion of territory (a territory, a population, institutions). Thus the State governs through its institutions what is happening on its territory. For example, if there is a fire, or a risk of fire, the State makes arrangements through all legal, financial, technical and human instruments available to it. It is accountable for what it does through its political and legal responsibility. When what is happening on its territory exceeds this one, in fact (epidemic, catastrophe with the consequences exceeding the borders, migrations, etc.) either according to its own opinion or according to that of the other States, the States, being sovereign subjects of Law in  the international system, act together on a pre-built legal basis: bilateral or/and multilateral treaties, having created legal integrated zones (like the European Union or the United States) or international institutions (like the IMF). A particular technique has been developed for several millennia – but here again the seniority is not sufficient to keep the system: diplomacy, anchored in each state in a particular ministry: the Ministry of Foreign Affairs, which each national government has. If one State totally excludes one phenomenon in the territory of another, the progressive procedure of ceasing diplomatic ties begins. This can result in wars. In the "case of the Amazon" both the President of Brazil and the President of the United States stick to the classical construction of Law. Indeed, the former asserted that the Amazon is in the territory of Brazil, thus falls under the jurisdiction of the power of the Brazilian State and the Brazilian Law, from which it follows that another State does not have to come to interfere. However, the French President takes the floor not as this forest extends also on a French territory but as it is the business of the World. On the contrary, the President of Brazil claims the closing effect, which excludes a third State from taking over directly something – even a difficulty – that takes place in the territory of another. The President of the US federal State has said that these are joint decisions between the President of Brazil and other heads of State, sovereign subjects of Law, who must agree to organize a solution to solve a local problem . Because in the same way that States can declare war, they can help each other. The whole Public (and Private) International Law is therefore based on this assumption: "parts" of the world, on which sovereign parties (States) have taken contact, because circumstances make something that falls within one of them or several others. This is precisely what is called into question. The notion of the "right of interference", whose evocation we hardly hear any more, had already done so. But on another basis.   B. The "right of interference": idea that somebody can directly interfere with what happens in a country , an idea that does not question the postulate of the International Maw, an idea that rests on something else: a " right for the other " The "right of interference" is the idea that in certain territories, things happen that are inadmissible. In memory of the jus cogens, a kind of "Natural Law" of Public International Law, Another, that could be another state, can come to meddle with what is happening in a territory that is closed, without declaring war. to the state that keeps its borders. It is the need of others, for example those who die in mass on this territory, or the nature that is devastated in the indifference of the State on whose soil the disaster is happening, which founds this "right" of another state to come and take charge. The foundation of this "right" is therefore a "duty".   C. The new idea: a territory is only part of the Globe, whose fate is everyone's concern The idea is new because it is not based on altruism. And no more about self-interest. Yet, de facto and de jure , the Amazon is not on the sole territory of Brazil. France is particularly well placed to say something about it since part of the Amazon is on French territory. Thus the inaction of the main concerned Brazil directly affects the interest of France, a "forest" being a block that can not be divided. If we were in Property Law, we would say that we are in indivision with Brazil and that in this respect, with the other States on whose territories this forest extends, a solution must be found. Because of the indivisibility of this particular object which is this particular fores, it is necessary that the States whose territory is concerned have a say in the matter. But this is not the argument put forward by France, particularly by the President of the Republic. It is said that the whole world is concerned about the fate of the Amazon. It could be said that, in this respect, when what could be described as a "global forest" is well treated, its management does indeed fall within the power of Brazil, Brazilian companies and the Brazilian State, but when it is abused to the point of seeing its future compromised, when fires may make it disappear, then this forest appears not to be localized in Brazil but being located in the World, of which Brazil is only a part. This reasoning, which then gives voice to everyone, for in the world every state is included in it, is a new reasoning. The economic-political theory of the "commons" does not account for it because it is not a very legal theory.    II. THE NEW REASONING THAT COVERS THE CLASSIC REASONING OF PUBLIC INTERNATIONAL LAW The new reasoning adopted by the Minister consists in saying that the Amazon does not concern only Brazil. This forest should therefore be directly related to the World (A). This is a welcome change in the system but based on a paradox (B).   A. When the Amazon is in danger of death, then it should no longer be attached to this part of the World that is Brazil, but directly to the World This forest is presented as the "lung" of the planet, it is the "future" of humanity. In this, it can concern only one State, not even the one on whose territory this "Humanity good" is located.  As such, without the need to declare war to Brazil, another State may speak, for example the French State through the one that represents it in the international order, that is to say its President, to say what to do, since according to him the President of Brazil does not say or do what it is absolutely necessary to do for the whole planet and for the future of Humanity. This induces a complete renewal of international institutions. Indeed a direct attachment to the World and no longer to Brazil gives the forest object a special status because of a goal that exceeds Brazil: save the Amazon would impose because it would save the world. Therefore, it can no longer be the subject of Brazil, which would be like "dispossessed" by a goal that is imposed on it: to save the Amazon rainforest, even though it is mainly on its territory, while other States become legitimate to dispose of this object, even if the forest would not be in part in their territory, even if they would not be affected in their own interests. This contradicts all Public International Law; because the agreement of the political representatives of Brazil is no longer required and no one yet evokes the need to declare war to Brazil, and fortunately! Such an upheaval justifies that such an affirmation is accepted with difficulty. One understands better than first consequence, which is not so innocuous, one of the first rules of diplomacy which is the politeness, between the heads of state, with regard to the spouses of these , have be broken, that the remarks have slipped on personal questions, etc.   B. A welcome but paradoxical change in the system Why not change the system? This is difficult to admit, not only because it is brutal, but because it is paradoxical. The paradox is the following. It is recognized that the theme of the disappearance of borders by "globalization" no longer reproduces the reality of facts, especially not the Chinese situation, the digitalization having on the contrary allowed the construction of even stronger boundaries. What we called "globalization" now belongs to the pastWhat we called "globalization" now belongs to the past. So today we should recognize on one side the reality of borders – which had not disappeared or are reborn – but only to better step over them, since – based on the concern of the world – states, yet each in their borders, would be legitimate to go directly to intervene in the business of others.  The paradox is therefore, on the one hand, the rejection of the allegation of a de facto disappearance of borders by an economic interdependence, technology having denied "globalization" as a fact  and the linked resurgence of borders allowing States to affirm more than ever that they would be "sovereign masters at home", which should logically lead to let Brazil decide for the Amazon, while yet on the other side we witness the questioning of the postulate of Public International Law as recognition of sovereignty and construction from agreements between states, requiring the agreement of the state whose territory is concerned (except war), questioning which leads to allow all to meddle with the fate of the Amazon, as if there was no border. This paradox leads to two questions. The first question is: if "it's not juste one State affair", who's concerned? The second question is: after the "case of the Amazon", what are the other cases? And how are we going to provide solutions, if we no longer have the solutions of Public International Law, that is to say, the agreement of the country whose territory is concerned and which we do not want not go to war? If we have clear ideas on the answers to be given to these two sets of questions, then because indeed when the future of all is in progress it can not be the affair of a single State, it is necessary to question Public International Law. But do we have clear ideas on these two questions? And what are the possibilities for possible solutions?   See the text following below.