The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with (...) specific structures: commercial, environmental, human rights, humanitarian, financial, criminal, and labor law contribute to the formation of postnational law with different modes of functioning, different actors, and different sources of law that should be understood as a new complexity of law. (shrink)

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a (...) dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism. (shrink)

Globalization and a Normative Framework of Freedom The author considers the question of whether or even what normative structure of social order is able to encourage the advancement of the measure of positive liberty in the process of globalization. Related to this is the issue of the insufficiency of guarantees provided by orthodox liberalism for human self-determination. The author considers possible scenarios as to the way in which an elite cosmopolitan minority, profiting from globalization and feeling no (...) responsibility for the majority left to its own fate, would pursue its own interests. The ideas of Ralf Dahrendorf concerning the global rule of law in the name of freedom and the need for international law are referred to. Globalization is occurring just as Marx intuitively predicted: capitalism becomes the bearer of hidden immanent self-destructive mechanisms. In conclusion, the author's hypothesis is that the new era of law in the 21st century will ensure that certain civilization legal norms become natural or customary. (shrink)

Globalization can undermine as well as enable public discourse at the national, international, and supranational levels. A challenge for political theory is to imagine how a global public realm might be constituted. Because the public realm has flourished in states whose citizens are related under the rule of law, one might ask whether this model of civil association can be extended to a broader and potentially universal context. Given the contingent obstacles to a global state, realizing civil association globally (...) implies a universal confederation of rule‐of‐law states. If the public realm means free deliberation on the laws of a civil association, the ‘global public realm’ would include deliberation at all three levels. (shrink)

Globalization connects everyone, from the world’s poorest slum dweller tothe richest billionaire. Globalization and Global Justice starts by giving a newargument for the conclusion that coercive international institutions —whosesubjects who are likely to face sanctions for violation of their rules— mustensure that everyone they coerce secures basic necessities like food, waterand medicines. It then suggests that it is possible for coercive institutionsto fulfill their obligations by, for instance, providing international aid andmaking free trade fair. This overview sketches the (...) argument in the book’sfirst half, as which is the focus of the papers in the symposium. (shrink)

A modern stage of globalization is a historical and logical continuation of “an economical social formation” (K.G. Marx), a civilization (L.G. Morgan). The analysis of this globalization in philosophy and social sciences has an extremely contradictory character which is law-governed in the modern society. Modern globalization has been showing itself as a qualitatively new historical process since 1991. Judging from the positions of the dialectical materialistic theory of history (K.G. Marx, F. Engels, V.I. Lenin and others) it (...) by its essence has got a postneoimperialistic, antagonistic character. It’s main features, attributes has been revealed. It doesn’t solve any sharp global problems, but only aggravated and intensifies them. This globalization has greatly increased, made inhuman the process of “cosmopolitization” which developed during the whole existence of capitalism and imperialism. A total degradation and dehumanization of a social person have been taking place, interstate and civil burst into flames, mass disturbances arise, hundreds thousands of people die, genocide and depopulation of some peoples on the planet become “normal” including the countries of the UIS. Destructive process of modern globalization with the USA as the main “player” together with corresponding international institutions (WTO, ICF, World bank, NATO and other), TNC have been resisted in a definite way by antiglobalizing andalterglobalizing movement in many countries on the planet. (shrink)

Individualization and globalization are recent trends that bring fundamental transformations of modern society. In this Article, I will first outline what individualization and globalization imply on a general level, and how in particular they affect families. I will then argue that individualization and globalization also imply some major consequences in the field of family law: Today, norms and beliefs in respect of what is right and proper in regard to personal lives multiply and compete with one another, (...) new family models challenging older ones and opening up numerous questions regarding which model should be given priority. The effect is that the issue of rights and obligations turns into an arena of controversies, an issue of contested rights and obligations. (shrink)

A prominent feature of the contemporary society in the last couple of decades is the phenomenon of globalization. While globalization has brought immense benefits to Africa on the one hand, Africa’s entrance into and participation in the global scene has also precipitated a crisis of confusion and identity for Africa–a situation which is analogous to the effect of her encounter with colonialism, so that unless the dialectic of identity and difference that inevitably arises from this situation is constructively (...) managed, it will be difficult for Africa to make the best of the opportunities inherent in globalization. Given that no one can make the best of any opportunity for interaction with others unless one is clear about one’s identity and priorities, a major challenge Africa has to address in the context of globalization is the need to assume personal responsibility in defining her priorities and interests such as to allow these to inform her engagement with the various participants in the global world. More often than not, the Achilles heel of Africa is lack of clear focus in respect of her priorities as well as failure to allow her interests to drive her engagement with other participants in the global system. To reverse the situation of dependency which this mode of operation fosters, we argue that, Africa needs to relocate the locus of control internally and put in place a strong regime of internal democracy based on rule of law to tackle the menace of corruption and mismanagement that has undermined development initiatives since independence. (shrink)

The global expansion of free enterprise has been underway for some time, and the challenges for global companies are well‐known. Companies often operate in economically blighted communities and in corrupt environments without a rule of law. At the same time Western‐based global corporations are under increasing public pressure to take on responsibilities to these communities that are often beyond their expertise or economic purview. For example, at the 2008 Davos meetings Bill Gates proposed the idea of “creative capitalism, challenging business (...) to ‘meet the needs of the poor in ways that generate profits’...” In what follows I shall argue that while there have been many successful global ventures, the Gates’ challenge requires academics and managerial leaders to rethink their mind sets and expand their thinking about what we mean by globalization, poverty, and the multiple dimensions of free enterprise. (shrink)

The weakening of mechanisms for international cooperation within the context of the right to minimum wage can be explained by the increasing power of new players, the transnational corporations on the one hand, and the waning of the power of the state, on the other hand. These processes of globalization produce various challenges to the modern welfare state, such as the ability to attain minimum wage. This right is vital particularly to weakened workers that would otherwise be remunerated at (...) a very low wage, which could likely lead to poverty. This right poses, however, numerous challenges, in particular the ability of international labor law to define it across borders. The article describes three models for defining this right: the existential deficiency model, the welfare model, and the comfort model and analyzes the various forms regulating the right to minimum wage in international regulations, state regulations, and codes of conduct of transnational corporations examining the ramifications of globalization within the context of labor rights. Moreover, the article suggests changes to international labor law, required to ensure that it functions as an effective instrument in protecting labor rights and proposes establishing regional parliaments—a supra-governmental body—composed of states and a broad array of interested private parties in its activities to establish fundamental principles relating to various areas of life, such as the basic rights of workers, taxation principles, and principles for protecting the environment. These regional bodies would decide which of the various models used for shaping the right to minimum wage should be adopted as a fundamental principle. (shrink)

The unprecedented economic changes taking place in China over the past three decades have led to significant new fiscal pressures for the central and provincial governments. The relative decline of public ownership and rise of the private sector has forced governments to substitute revenues from new taxes for the funds formerly provided by public enterprises. The shift from profit distribution to tax revenues has led to a realignment of power between local governments and the central government while the growing disparity (...) in wealth between have and have-not provinces has increased the pressure on the central government to further consolidate control over tax revenues and to apply the enhanced revenues to fund fiscal redistribution transfers. At the same time, modernization of the economy and the influx of foreign investment have created pressure to revamp tax laws and tax administration so both resemble more closely western market economy norms. These processes may lead to an irreversible shift of fiscal power from provincial governments to the central government and a consequent consolidation of political power, changing forever the political economy of modern China. (shrink)

This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific (...) attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language. Indeed, he repeatedly offers powerful instances of what Robert Cover labelled _jurisgenesis, _of norm-generation, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies _through_ Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power, constitutional interpretation, the judicialization of politics, legal subjectivity, conflicts, human rights, the nomos of modernity, globalization, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas. (shrink)

Globalization processes imply the self-deconstruction of the hierarchy of legal norms. Thus, legal pluralism is no longer only an issue for legal sociology, but becomes a challenge for legal practice itself. Traditionally, rule making by `private regimes' has been subjugated under the hierarchical frame of the national constitution. When this frame breaks, then the new frame of legal institutions can only be heterarchical. The origin of global non-state law as a sequence of recursive legal operations is an `as if', (...) not only a founding myth as a self-observation of law, rather the legal fiction of concrete past operations. This fiction, however, depends on social conditions outside legal institutions, on a historical configuration in which it is sufficiently plausible to assume that in earlier times, too, legal rules were applied. (shrink)

This essay explores what Jewish ethics has to say about globalization in relation to the AIDS crisis. Special attention is paid to the consequences in affirming current intellectual trends to transcend traditional limits in both society and thought for rethinking traditional Jewish values. The discussion proceeds from two presuppositions. The first is that there is an intimate connection between ethics, science, and politics. The second is that the history of Jewish ethics involves three distinct forms that are generally correlated (...) but rarely identical in content and moral judgment. These three forms are law, wisdom or virtue, and covenant. The discussion considers related issues of accidental connections in time between the bubonic plague and Zionism and between AIDS and homosexuality in relation to moral–theological issues related to divine providence and distributive justice. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other material, what is (...) ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other material, what is (...) ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

Robert Post's work in constitutional theory is engaging in an exceptional way: it always forces one to rethink and reconsider the basic tenets of the field. In his article The Challenge of Globalization to American Public Law Scholarship, Post discusses American public law and human rights scholarship in the age of globalization. In this comment, I will make a few remarks on some of the points raised in the article.

The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions provides an international policy lens for analysing broad debates on issues of cultural globalization and development. The interdisciplinary contributions in this volume offer a fresh understanding of these key issues whilst examining cultural globalization, which is conceived in terms of artistic expressions and entertainment industries and interpreted anthropologically as the rituals, symbols, and practices of everyday life. The broad gamut of theories, methods, and (...) evidence collected by the editors outlines UNESCO's accomplishments, shortcomings, and future policy prospects. This edited collection has a clear message: The Convention is a useful and important instrument in the debate on cultural diversity, but not broad enough or sufficient to confront major challenges concerning human rights, sustainability, and cultural diversity as a whole. (shrink)

In the context of globalization, the existence of multiple legal cultures appears as a new form of legal pluralism and poses important challenges to jurisprudence and legal theory. On the one hand, the peaceful coexistence of several legal cultures demands a reasonable level of sustainable diversity; on the other hand, the processes of legal convergence can conceal new ways of legal imperialism, by means of legal transplant. In view of this, we understand there is a possibility of building a (...) cosmopolitan law, but this requires a new model of jurisprudence, released from the monist conception of state law, a formula that can go beyond the framework of old 19th century jurisprudence, in order to respond to the new circumstances of interdependence, globalization and multiculturalism. (shrink)

Despite the tremendous progress in the development of scientific knowledge, the understanding of the causes of poverty and inequality, and the role of politics and governance in addressing modern challenges, issues such as social inclusion, poverty, marginalization and despair continue to be a reality across the world - and most often impact Indigenous Peoples. At the Margins of Globalization explores how Indigenous Peoples are affected by globalization, and the culture of individual choice without responsibility that it promotes, while (...) addressing what can be done about it. Though international trade and investment agreements are unlikely to go away, the inclusion of Indigenous rights provisions has made a positive difference. This book explains how these provisions operate and how to build from their limited success. (shrink)

The processes of economic integration induced by globalization have brought about a certain type of legal practice that challenges the core values of legal ethics. Law firms seeking to represent the interests of internationally active corporate clients must embrace and systematically apply concepts of strategic management and planning and install corporate business structures to sustain competition for lucrative clients. These measures bear a high conflict potential with the core values of legal ethics. However, we observe in parallel a global (...) consolidation of these core values through an enhanced cooperation of national professional bodies, the use of international codes, and comparative legal ethics teaching and research. Furthermore, state regulation of the legal profession is concerned with preserving the core values of legal ethics to conserve the lawyer's role in upholding the rule of law. This article defends that legal ethics is adapting to the pressures exerted by "managerial" approaches to legal practice without this altering core values that underlie legal ethics. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

This chapter analyses Soren Kierkegaard's thought about the history of theology, discussing different notions of historical theology and evaluating how they apply to the way Kierkegaard engaged with history of theology. It explains the two key elements of the Kierkegaardian historical theology: tracking the process of decline from the Christianity of the New Testament to the enfeebled caricature that passed for Christianity in contemporary Denmark; and recovering the voices of the true Christians of the past who genuinely followed Christ in (...) suffering and martyrdom. (shrink)

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle (...) stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale). (shrink)

Life, the universe, and everything -- Thinking robots and mysterious minds -- The good, the bad, and the ugly -- Is seeing believing?