This document is a summary of a paper on the globalization of law. It discusses four elements that a theory of global legal structures penetrating globally would require: actors, mechanisms, power, and structures. It also compares four approaches to analyzing globalization and law, noting variations in outcomes and explanations. A key point is that while law is heavily involved in globalization processes, the sociology of law has not sufficiently engaged with globalization research and vice versa. Further research is needed on the origins and transmission of global norms and how global-local legal settlements are negotiated.
This document is a summary of a paper on the globalization of law. It discusses four elements that a theory of global legal structures penetrating globally would require: actors, mechanisms, power, and structures. It also compares four approaches to analyzing globalization and law, noting variations in outcomes and explanations. A key point is that while law is heavily involved in globalization processes, the sociology of law has not sufficiently engaged with globalization research and vice versa. Further research is needed on the origins and transmission of global norms and how global-local legal settlements are negotiated.
This document is a summary of a paper on the globalization of law. It discusses four elements that a theory of global legal structures penetrating globally would require: actors, mechanisms, power, and structures. It also compares four approaches to analyzing globalization and law, noting variations in outcomes and explanations. A key point is that while law is heavily involved in globalization processes, the sociology of law has not sufficiently engaged with globalization research and vice versa. Further research is needed on the origins and transmission of global norms and how global-local legal settlements are negotiated.
Economic globalization is one of the most powerful forces to
have shaped the post-war world. In particular,international trade in goods and services has become increasingly important over the last 50 years, and international financial flows over the last 30 years. This chapter documents quantitatively the process of globalization with respect to trade and finance. It then briefly goes beyond the causes of international economic integration to consider its effects, concluding that globalization is overall a good thing, not just with respect to economic growth but also when non-economic goals are taken into account.
The two major drivers of economic globalization are
reduced costs to transportation and communication in the private sector, and reduced policy barriers to trade and investment on the part of the public sector.Technological progress and innovation have long been driving the costs of transportation and communication steadily lower. In the post-war period we have seen major further cost-saving advances, even within ocean shipping: supertankers, roll-on- roll-off ships, and containerized cargo. Between 1920 and 1990 the average ocean freight and port charges per short ton of U.S. import and export cargo fell from $95 to $29 (in 1990 dollars). An increasing share of cargo goes by air. Between 1930 and 1990, average air transport revenue per passenger mile fell from $0.68 to $0.11. Jet air shipping and refrigeration have changed the status of goods that had previously been classified altogether as not tradable internationally. Now fresh-cut flowers, perishable broccoli and strawberries, live lobsters, and even ice cream are sent betweencontinents.1 Communications costs have fallen even more rapidly. Over this period the cost of a 3-minute telephone call from New York to London fell from $244.65 to $3.32. Recent inventions such as faxes and the internet require no touting.
It is easy to exaggerate the extent of globalization. Much
excited discussion of the topic makes it sound as though the rapid increase in economic integration across
national borders is unprecedented. Some commentators imply
that it has now gone so far that it is complete; one hears that distance and national borders no longer matter, that the nation state and geography are themselves no longer relevant for economic purposes, that it is now as easy to do business with a customer across the globe as across town. After all, has not the worldwide web reduced cross-border barriers to zero?
It would be a mistake for either policy-makers or
private citizens to base decisions on the notion that globalization is so new that the experience of the past is not relevant, or that the phenomenon is now irreversible, or that national monetary authorities are now powerless in the face of the global marketplace, or that the quality of life of Americans – either its economic or non-economic aspects -- is determined more by developments abroad than by American actions at home.
It is best to recognize that at any point in history
many powerful forces are working to drive countries apart, at the same time as other powerful forces are working to shrink the world. In the 1990s, for example, at the same time that forces such as the internet and dollarization have led some to proclaim the decline of the nation state, more new nations have been created (out of the ruins of the former Soviet bloc) than in any decade other than the decolonizing 1960s, each with its own currencies and trade policies.2 The forces of shrinkage have dominated in recent decades, but the centrifugal forces are important as well.
Republic of the Philippines
Central Bicol State University of Agriculture Sipocot, Camarines Sur
Name: Bernadette Rios
Subject: The Contemporary World
GLOBALIZATION OF LAW
Globalization of law may be defifined as the worldwide
progression of transnational legal structures and discourses along the dimensions of extensity, intensity, velocity, and impact. We propose that a theory of the global penetration of law will require at least four elements—actors, mechanisms, power, and structures and are nas. A comparison of four approaches to globalization and law—world polity, world systems, postcolonial globalism, and law and economic development—indicates considerable variation in perceived outcomes and gaps in explanation, but with possible complementarities in both outcomes and explanatory factors. Research demonstrates that globalization is variably contested in several domains of research on law: (a) the construction and regulation of global markets, (b) crimes against humanity and genocide, (c) the diffusion of political liberalism and constitutionalism, and (d) the institutionalization of women’s rights. We propose that the farther globalizing legal norms and practices are located from core localcultural institutions and beliefs, the less likely global norms will provoke explicit contestation and confrontation. Future research will be productively directed to where and how global law originates, how and when global norms and law are transmitted and enforced, and how global- local settlements are negotiated.
Although often invisible and taken for granted,
law is heavily implicated in the
process of globalization. Economic globalization cannot be
understood apart from global business regulation and the legal construction of the markets on which it increasingly depends. Cultural globalization cannot be explained without attention to intellectual property rights institutionalized in law and global governance regimes. The globalization of protections for vulnerable populations cannot be
comprehended without tracing the impact of international
criminal and humanitarian law or international tribunals. Global contestation over the institutions of democracy and state building cannot be meaningful unless considered in relation to constitutionalism. Despite the ubiquity of law in the empirical reality of globalization, law has had an equivocal status in the sociology of globalization, just as globalization has not received the attention it warrants in the sociology of law. On the globalization side, most scholarly literatures avoid law, with the notable exception of world polity theory. On the law side, scattered pockets of research can be found in interdisciplinary socio-legal studies, but most sociology of law remains bounded by the nation-state. This essay seeks to bring these respective domains into mutually productive engagement. Several master narratives of globalization directly orindirectly entail law (Boyle & Meyer 2002, Ramirez et al. 1997, Salacuse 2000, Santos 2000, Wallerstein 2002). Yet these narratives are diffificult to appraise empirically because the scope of the problem defifies easy encapsulation in a manageable research design. Master themes of globalization are voiced by a variety of actors in quite different forums and rarely engage each other. Not only is there no integrated theory that would enable each narrative to refifine another, but vague and imprecise core concepts make comparisons across arenas diffificult. Researchers gain access more readily
to the “globalized” than to the “globalizers.” Global
indicators (e.g., fifinancial information, enactments of laws) usually cannot reveal dynamics and processes that
are integral to sociological explanation. Indeed, they may
be positively distorting, for they can suggest convergence when appearances of law on the books belie the reality of law in action. Given these challenges, this review presents a conceptual framework for engaging disparate literatures with each other, examines conflflicts and complementarities
among four sociological and interdisciplinary approaches to
globalization and law, and demonstrates how empirical research reveals law to be in play in several global
domains. Our analysis of the research and theory in this
fifield leads to the general hypothesis that the farther globalizing legal norms and practices are located from
core local institutions and beliefs, the less likely that
those norms and practices will provoke explicit contestation and confrontation. Obversely, the closer the globalizing legal norms and institutions are to transformations in core local values and practices, the more likely that contestation will occur around those norms.