In this article, was examined Luhmann's perspective on international public

law and his concept of "world society." He describes the world society as the sum
of all accessible global communications, cryptically referring to it as "the
occurrence of world in the communication." According to Luhmann, modern
society is predominantly a world society, characterized by a single social system
comprising various functionally differentiated global subsystems such as legal,
economic, religious, and political systems. He emphasizes the presence of
hierarchical legal and political structures that develop within nation-states and
territorially limited subsystems. While there is functional differentiation, secondary
to segmentary differentiation at the national level, Luhmann notes some areas of
the world excluded from global communications, potentially leading to exclusion
from world society. He introduces the concept of a "metacode" of
inclusiveness/exclusiveness, governing access to global communications and
regulating other codes. Exclusion from national legal systems may paradoxically
increase inclusion at the global level. Luhmann also observes a shift away from
traditional reliance on territorial delineations in political and legal systems,
indicating the emergence of global governance structures.

The debate over the existence of a global law for world society continues.
Some view international law as a coordination mechanism, while others see it
evolving into a global constitutional order. Recent trends show increased
recognition of constitutional principles globally, indicating the emergence of a
"global society" governed by "global law." Legal communication transcends
borders, with international law claiming universal validity and functional
differentiation leading to specialized legal subsystems. Contrary to common belief,
international law aims to stabilize expectations rather than solely regulate state
behavior. Its quality is determined by the persistence of expectations rather than by
command or subordination. Even amidst human rights violations, international law
remains valid, though its effectiveness may be hindered by lack of intervention
from the global community. Global law encompasses standards adopted globally,
adhering to a code of legal/illegal. Challenges persist in restructuring the
differentiation of nation-states into specific legal issues, and the global legal
system remains partially influenced by domestic and global politics. Despite these
challenges, international tribunals play a vital role in upholding legal standards,
ideally free from moral or political influence. In summary, international law is
evolving to reflect global legal principles, but challenges remain in fully realizing a
global legal system.

According to Luhmann, the political system of the world society is coherent,

with no country able to ignore global political shifts. States are seen as part of a
global system rather than independent units. Despite this, national states remain
integral to the world society through law-making, international organization
memberships, and national sovereignty.
 The code of the global political system is characterized by power and
powerlessness. However, specific programs are challenging to determine due to the
absence of election programs or global administration.
While both the legal and political systems of the world society are not fully
operationally closed, they are differentiated systems. Modern law's positivization
and the democratization of the political system have led to a significant overlap,
but they remain distinct. This distinction is crucial, as it allows for structural
coupling between the two systems, rather than a single undifferentiated society
without subsystems.

Luhmann explored the idea of constitutional structural couplings within and

beyond the nation-state framework. At the national level, a constitution serves as a
structural coupling between the legal and political systems, establishing a distinct
code of constitutional/unconstitutional that supersedes legal/illegal. This coupling
facilitates the differentiation and independence of the legal system from the
political, leading to the positivization of law.
On a global scale, the absence of a solemnly declared constitutional
document or separation of powers akin to domestic constitutions precludes a direct
comparison. However, there are indications of functional synthesis between the
political and legal systems, facilitated by international law and treaties. While not
fully resembling a constitution, these global principles and norms may represent a
form of constitutionalization, providing a basis for legal binding of political
authority and facilitating the legitimacy and limitation of political action.
These common principles could represent certain fundamental values which
are accepted worldwide as well as multilateral treaties which can be considered as
a global ordre public and as a kind of overarching regime, a more or less well
developed bunch of principles, norms and rules, with together form a higher order.

Constitutional Principles
a) Basic Democratic Principles
The consideration of democratic structures would surely signify “a
reasonable development of the constitutionalization”124 and the implementation of
democratic procedures at all levels of governmental action – national, regional and
global –as well as the strengthening of national democratic structures, could at
least lead to an indirect democratization of international law.
b) Human Rights Protection
For Luhmann one of the most important indicators for the existence of the
world society was the growing awareness of human rights violations.
c) Environmental Protection
Rule of Law as an Overarching Platform
 The concept of the "International Rule of Law" can function as a
communication platform between the political and legal systems of the world
society, facilitating interaction based on fundamental constitutional principles such
as legality, subsidiarity, adequate participation, and respect for fundamental rights.
This platform would serve as a structural coupling and a form of global
constitutionalization, according to system theory.