The law of neoliberal globalisation as a limiting framework for the promotion of the commons. A public law analysis

Abstract

This article argues that the extension of the scope of the commons will require its legal institutionalisation or, at least, its promotion by the legal system. This is irrespective of the conception of the term "commons". A term that is conceived in very different ways. The main changes produced in public law as a consequence of neoliberal globalisation are analysed. A distinction is made between those transformations that are more linked to neoliberalism and those that are more related to globalisation. These changes delimit a general legal framework that restricts the possibilities of political and/or legal development of the commons.