GERMANY Trends and Developments Contributed by: Ivana Mikešić and Caroline Schümann-Cohen, R & P Legal
operation in trade, commerce, technology and science is growing rather than declining. The “our nation first” rhetoric is a big show and is about to change global security architecture and military alliances, the world seen as a patchwork rug with spheres of interest slapped together, rather than a common playground. But the undercurrent of ongoing commerce and trade, infrastructure, enhanced connectivity at every level, research, scientific and technologi - cal expansion, common endeavours to curb cli - mate change and care for the planet, transfor - mation of energy supply across borders, through oceans, across continents: all of these flows are progressing into an ever-increasing internation - ally intertwined discourse. Global migration of knowledge, skill and workforce is adding to it. As it has done since ancient times. All of this is subject to and underlined by regula - tion. High times for law-makers. Pride and Prejudice Why not, then, transform the rhetorical red tape avoidance attitude into something productive? No one seriously wants to impede the entre - preneurial momentum of small and start-up businesses, and no one in huge organisations wants to burn more acumen and resources than is necessary. It is undisputed that technological innovation is needed to avoid the detrimental consequences of uncontrolled exploitation of limited resources, global warming and careless - ness towards the environment. Who would deny the need for means to enhance better treatment for diseases occurring in and out of yet unchar - tered areas of medical research, and the need for better protection against the next pandemic (the list could go on and on)? How is all this going to combine on an international, on a global scale?
An acknowledgement of the legal frameworks already intertwining, nationally and internation - ally, a better understanding of the legal and cultural backgrounds these are based on, more effort to bring about serious exchange – all this is needed. Not on the part of legal advisers: they are used to trying and tying all this together any - way. Efforts to standardise international trade and transactions in terms of contractual docu - mentation, securities, efficient dispute resolution and foreclosure etc are commonplace and go back a long way. Rather, the exponents of pri - vate legal practice should go beyond this and encourage governmental and political stake - holders and law-makers to strengthen and enhance a more considerate approach towards aligned regulation. This could turn alienation, powered by mere prejudice, into more forward-looking, adult co- operation. Do European law-makers pose an obstacle to the successful implementation of new technologies? Does regulative lenience automatically result in unhinged and threatening commercial activity? Take a closer look, listen, compare, discuss. Quite possibly, better aligned regulation across borders, across fixed mindsets and seemingly opposing legal cultures might have a considerable slimming effect in total. A much more sophisticated approach than the usual battle cry – slash red tape – which might sound vaguely appealing but usually leads to nothing. Auld Lang Syne What an expert for regulation, environmental and commercial public law is doing day in, day out has changed dramatically during the past 30 years. In the mid-nineties of the last century, unques - tioned globalisation was rolling and marked what
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