ABSTRACT
Considering the role of nation-state in the globalisation of law, the small players in the global game must not be forgotten. The enforcement of private law remains the domain of the nation-state. The fact that the thresholds for thematisation of law in cross-border relations are higher than those in domestic relations has a number of consequences which characterise cross-border interactions. The anomic structure of cross-border relations due to high thresholds for thematisation of law is compensated for by actors of the global economy through cognitive mechanisms, that is, mechanisms based on collecting information, communication and mutual understanding between the actors. In cross-border interactions, the actors tend to prefer, instead of resorting to judicial methods of enforcement, what Luhmann calls ‘de-thematisation of law’. Differences between Common Law and Civil Law systems and different levels of economic development do not have a significant effect on the law and legal practice of these countries.
