GLOBALIZATION: LEGAL AND PHILOSOPHICAL ASPECTS
The nation state is under great pressure from above, where the forces of globalization are leading to the creation of transnational structures of governance and allegiance, and from below, where the forces of secession in the name of self-determination may threaten balkanization. There is a rich landscape of legal and extralegal questions raised by these world events. In this seminar we plan to begin to explore that landscape. We will address questions such as these: Is democracy possible on a global stage? Is a global government desirable? If power must be distributed among different units working on various levels (national, regional, global), what is the right distribution of authority? And what political processes should be used to make decisions in each sphere? How should conflicts of jurisdiction be settled? And how should territorial boundaries be established? What if a majority of the people living in a particular territory, for example, wants to secede from the existing state and create a new one? The law makes distinctions between “citizens” and “foreigners”. When are such distinctions justified? And how should disputes that involve players from different countries be settled? What role should international courts or arbitral tribunals perform in this regard? There is talk about the lack of internal coherence of international law, as a result of its excessive “fragmentation”. What reforms should be introduced to address this problem?
Note: This seminar will be taught during the first half of the spring semester.