Impacts of Lawfare, Economic Warfare, and Hybrid Warfare on Law & Management

Abstract

Lawfare has mainly referred to international organizations’ powers and actions or studied from a conflict of laws perspective. But the link between lawfare and economic warfare has not been studied in any depth, nor has hybrid warfare or the use of law in contributing to economic warfare. Consequently, some legal strategies are unknown or ignored despite their potential impact. Law & Management should revisit these tactics to evaluate their scope and points of connection. For example, what is the tipping point between competition and conquest showing how a legal strategy sustains economic warfare? What are the meaning and role of business and legal business intelligence? The second part of this study describes how lawyers could consider economic, law, and hybrid warfare in Law & Management to appreciate strategies of states, organizations, and firms through a subject-based approach. How is law finally used as a driving force for detrimental strategies? These two first sections will show that it is necessary to consider law as a strategic tool and to take it into account upstream rather than downstream. To that aim, lawyers shall develop a proactive and 360 vision and conceive transversal solutions. How can legal by design help compared to conformity controls, translation of decisions into legal terms, or “calculation of legal risks of fines or claims”? How can the development of legal quality help to go beyond conformity and legal risk management. The proposed new approaches would be a fundamental cultural evolution with large benefits, limiting dangers of conquest and sovereignty attacks.