5 minute read

Law

Globalization

One of the most important factors influencing international society in the early 2000s is the principle of globalism. The impact of globalism on sovereignty is fueled by the vast growth in the flow of goods, services, capital, and labor across state and national lines. This process has been dramatically accelerated by the communications revolution, and the impact on state sovereignty suggests that these global forces have seriously weakened the territorial boundaries of states. This intense flow of values across state and national lines also invited instant comparison and appraisal. As barriers to human interaction have been liberalized, what has been the social benefit and the social cost? There is no clear answer to this question. We know, for example, that without the communications revolution, it is possible that the global HIV/AIDS pandemic might have been containable. Thus, following the SARS (Severe Acute Respiratory Syndrome) outbreak of 2003, dramatic limitations were placed on communication to prevent the disease from spreading globally.

If nation-state barriers are not as salient, other barriers in the global age challenge the concept of global equity and fairness. While the world has generated more wealth than mankind has ever before achieved, the conditions of impoverishment throughout huge sections of the planet suggest a global economic apartheid rather than a global vista of improved and shared equity. It is widely recognized that a planet that is radically divided between the haves and the have-nots, in which there is an acceleration of short-term gains for the haves and an acceleration of poverty and deprivation for the have-nots, will ultimately result in the depreciation of all. In short, underdeveloped as the concept of global equity is, it may be the cornerstone upon which the improvement of the global condition of deprivation is built, not because this is necessarily a spiritually beneficial thing, but because the long-term prosperity—and possibly the survival—of the human race may depend on it. The history of ideas in the future will therefore be challenged by the ideological and jurisprudential relevance of the concept of equity and whether equity can be the critical lever that provides us with universal concepts of respect and freedom in a global commonwealth of dignity.

BIBLIOGRAPHY

Charter of Paris for A New Europe, 21 November 1990. In International Legal Materials 30 (1991): 190 ff. Also available at www.ejil.org.

Convention on the Elimination of All Forms of Discrimination against Women, opened for signature Mar. 1, 1980, G.A. Res. 34/180, U.N. GAOR, 34th Sess., Supp. No. 46, at 193, U.N. Doc. A/34/46 (1979), 1249 U.N.T.S. 13, reprinted in 19 I.L.M. 33 (1980) (entered into force on Sept. 3, 1981). One hundred sixty-three states are party to the treaty. Also available at www.un.org.

Dworkin, Ronald. Taking Rights Seriously. Cambridge, Mass.: Harvard University Press, 1977.

——. "'Natural' Law Revisited." University of Florida Law Review 34 (1982): 165–188.

Finnis, John. Natural Law and Natural Rights. New York: Oxford University Press, 1980.

Hart, H. L. A. The Concept of Law. Oxford: Clarendon, 1961.

Hart, Henry M. Jr., and Albert M. Sacks. The Legal Process: Basic Problems in the Making and Application of Law. Prepared from the 1958 tentative edition by and containing an introductory essay by William N. Eskridge Jr. and Philip P. Frickey. Westbury, N.Y.: Foundation, 1994.

Horwitz, Morton J. The Transformation of American Law, 1870–1960: The Crisis of Legal Orthodoxy. New York: Oxford University Press, 1992.

International Convention on the Elimination of All Forms of Racial Discrimination, Dec. 21, 1965, 660 U.N.T.S. 195 (entered into force on Jan. 4, 1969; and for the United States on Nov. 20, 1994). One hundred fifty-two states are party to the treaty. See U.S. Department of State, Treaties In Force 427 (1997). Also available at www.unhchr.ch.

International Covenant on Civil and Political Rights, U.N.G.A. Res. 2200 A (xxi), 999 U.N.T.S. (Dec. 16, 1966); International Legal Materials 6 (1967): 368 ff. Also available at www.unhchr.ch.

Lasswell, Harold D. Politics: Who Gets What, When, How. New York: McGraw-Hill, 1936.

Lasswell Harold D., and Myres S. McDougal. Jurisprudence for a Free Society: Studies in Law, Science, and Policy. Boston: Nijhoff, 1991.

——. "Legal Education and Public Policy: Professional Training in the Public Interest." Yale Law Journal 52 (1943): 203 ff.

Marmor, A. "An Essay on the Objectivity of Law." In Analyzing Law: New Essays in Legal Theory, edited by Brian Bix. Oxford: Clarendon, 1998.

McDougal, Myres S. "The Comparative Study of Law for Policy Purposes: Value Clarification As an Instrument of Democratic World Order." Yale Law Journal 61 (1952): 915 ff.

McDougal, Myres S., Harold D. Lasswell, and W. Michael Reisman. "Theories about International Law: Prologue to a Configurative Jurisprudence." Virginia Journal of International Law 8 (1968): 188 ff.

——. "The World Constitutive Process of Authoritative Decision." In The Future of the International Legal Order. Edited by Richard A. Falk and Cyril E. Black. Princeton, N.J.: Princeton University Press, 1969.

Nagan, Winston P. "Conflicts Theory in Conflict: A Systematic Appraisal of Traditional and Contemporary Theory." New York Law School Journal of International and Comparative Law 3 (1982): 343 ff.

——. "Dunwody Commentaries: Not Just a Descending Trail: Traversing Holmes' Many Paths of the Law." Florida Law Review 49 (1997): 463 ff.

Rawls, John. A Theory of Justice. Cambridge, Mass.: Harvard University Press, 1971.

Statute of the International Tribunal for the Former Yugoslavia, adopted at New York, May 25, 1993, S.C. Res. 827, U.N. SCOR, 48th Sess., 3217th mtg., at 1–2, U.N. Doc. S/RES/827 (1993), reprinted in International Legal Materials 32 (1993): 1159 ff. Also available at www.un.org.

Statute of the International Tribunal for Rwanda, adopted at New York, Nov. 8, 1994, S.C. Res. 955, U.N.SCOR, 49th Sess., 3453d mtg., U.N. Doc. S/RES/955 (1994). Reprinted in International Legal Materials 33 (1994): 1598 ff. Also available at www.ictr.org.

Stacy, Helen M. Postmodernism and Law: Jurisprudence in a Fragmenting World. Burlington, Vt.: Dartmouth, 2001.

Winston P. Nagan

Additional topics

Science EncyclopediaScience & Philosophy: Laser - Background And History to Linear equationLaw - Twentieth-century Schools, International Law, Problems Of Sovereignty, Sovereignty And The International Order