Global Law

Author(s):  
Richard Falk

An emphasis on “global law” is responsive to the emergence of problems of global scope. The entrenched statist character of Westphalian world order obstructs the development of a robust system of global law. Obstruction also arises from geopolitical factors. Geopolitical discretion thus fills the vacuum created by the inability of international law to respond to the agenda of global problems, and it does so in ways that contribute to widening gaps of global inequality and to the refusal to allow the growth of global law to provide more equitable and sustainable solutions to the material and human rights concerns of the peoples of the world. The future of a peaceful and just world depends on overcoming obstacles to the growth of global law dedicated to upholding global and human interests, which will only happen if international civil society becomes mobilized around the global policy and equity agenda.

1978 ◽  
Vol 3 (4) ◽  
pp. 555-587 ◽  
Author(s):  
Samuel S. Kim

This paper makes a macro-inquiry into Chinese global politics by defining and elaborating the Chinese image and strategy of world order within a normative framework. Empirical data and behavioral referents in the paper are largely drawn from Chinese multilateral diplomacy in the global community during the first half-decade (1971–1976) of Chinese participation in UN. Such a normative-globalist paradigm has a heuristic value in interpreting more broadly China's global policy and its impact on the evolving process of creating a more just and humane world order. The paper argues that the interactions between China and the world organization have, on the whole, been positive and that the relationship between the two has been one of mutual adjustment and mutual legitimization, with the resulting enhancement of each other's symbolic capability. By way of conclusion, the paper draws, in a tentative and speculative manner, some broad policy implications of the post-Mao leadership.


Author(s):  
Ильмира Минигулова

Global problems of modern age make deep problems for the formation of socio-economic and political-legal stability in modern states. The most complex is poverty that provokes the new problems, such as the migration crisis. The international community follows the fundamental principles and norms of international law, tries to wipe out poverty, the practical implementation of this activity is reflected in the Concept of Sustainable Development.


Author(s):  
Sergio Dellavalle

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.


2013 ◽  
Vol 5 (1) ◽  
pp. 1-34 ◽  
Author(s):  
Steven Ratner

Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – within political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should from the other. The result is ethical scholarship that often avoids, or even misinterprets, the law; and law that marginalizes ethics even as it recognizes the importance of justice. The cost of this avoidance is a set of missed opportunities for both fields. This article seeks to help transform the limited dialogue between philosophers and international lawyers into a meaningful collaboration. Through a critical stocktaking of the contributions of the two disciplines, examining where they do and do not engage with the other, it offers an appraisal of the causes and costs of separation and an argument for an interdisciplinary approach.


Author(s):  
Chrystie Swiney

This article examines the rising influence of cities in global governance and on international law, despite the existing international legal and political framework, which is designed to exclude them. It explores the various strategies and tools utilized by city leaders to leapfrog over their national counterparts in order to autonomously access the international policymaking and law-making world. These include (1) coalescing together to form large networks, which engage in city or “glocal” diplomacy; (2) allying with well-connected and well-resourced international organizations; (3) gaining inclusion in UN multilateral agendas; (4) mirroring state-based coalitions and their high-profile events; (5) harnessing the language of international law (especially international human rights and environmental law) to advance agendas at odds with their national counterparts; and (6) adopting resolutions, declarations, and voluntarily self-policed commitments––what I refer to as “global law.” The paper argues that the existing concepts and frameworks that we use to explain the international political and legal world order––concepts that inhere in international legal literature and in international relations theory––are ill-equipped to conceptualize the changing status of cities, as well as other sub-national actors, in global politics. The article concludes by offering a new framework, with new concepts and updated verbiage, for understanding the changing relationship of cities to both international law and international relations, a framework I refer to as the “Urbanization of Global Relations.”


2018 ◽  
Vol 1 (1) ◽  
pp. 105
Author(s):  
Alia K. Nardini

<em>While U.S. immigration entry policies after 1953 became a hallmark of ideological openness, designating the United States as the unquestioned leader of a freer and more just world order, Donald Trump’s current immigration strategies isolate America, damage her economy, and fuel divisive feelings among citizens. This paper hopes to persuade the Republican Party not to revert to its pre-1953 restrictionist and nativist stance, thereby undoing the crucial work undertaken by the Eisenhower Administration. The author argues that a sound grasp of the debate that led to the approval of the Refugee Relief Act in 1953 can lead to better informed political decision-making, tracing a new phase of America’s active presence on the world stage, in line with the country’s national interest and Cold war tradition.</em>


2016 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Imam Mulyana

Energy plays a pivotal role in ensuring economic growth, social equity and live-able environment. In this regard, the non-renewable or conventional source of energy such as oil, gas and coal continue to supply the energy demand throughout the world. Nevertheless, as the awareness of the international society towards the protection and preservation of the global environment is rapidly growing, the utilization of energy resources has been gradually shifted from the non-renewable to renewable ones. Observing the international developments in the field of energy, further international legal instruments is required to be able to regulate renewable energy activities undertaken by the countries today. Although there have been a number of rules in international law, but until recently, most of these regulations is still not legally binding. Moreover, to achieve world order that uses renewable energy, international law also had to resolve some fundamental issues, namely the issue of state sovereignty and energy security.


1992 ◽  
Vol 86 (4) ◽  
pp. 673-699 ◽  
Author(s):  
Manfred Lachs

During the last two decades, we have frequently heard about a “crisis” in the kingdom of international law. Without engaging in semantics, one can understand the word “crisis” in its normal dictionary meaning as “a turning point in the progress of anything”; more, “a state of affairs in which a decisive change for better or worse is imminent.” However, these connotations are not necessarily present in the minds of those who apply the term to international law. They intend rather to refer to the weakness to which it is condemned, to its subordinate role and fragile existence; even international lawyers may speak of its “ambiguity.” In some instances, they point to the prevalence of a sense that “resort to legal arguments by policy-makers may be detrimental to world order and thereby counterproductive for the state that uses such arguments.” Thus, a picture of gloom is painted and the world almost consigned to lawlessness in international relations.


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