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Unpublished Paper
Effects of globalization on the theory of international law
ExpressO (2012)
  • Marcelo Dias Varella
Abstract

International legal theory is an object that is intensely reshaped and rebuilt, largely due to globalization processes. The way that actors create, implement and control international law is far more prevalent today than it used to be thirty years ago. There is an intensification of the transnational legal process. The dichotomy between national and international law is much less clear. The primary actor continues to involve States, but there is a multiplication and densification of the role of sub-state and non-state actors. A dynamic process prevails over the static one; there is a continuous transformation of international law, by both public and private instruments, that goes from national to international stages and vice-versa. Furthermore, there is a normative process, because the international legal system contributes to reshaping the limits of social transformations, with more serious densification of international relations. There are many different discussions related to the transformation of international law that have consequences on the way that we understand it. In this paper, we discuss the proliferation norms; the creation of new sources and subjects of international law; the limits of some new meta ideas; global constitutionalism; global democracy; and, the complexity versus the fragmentation of international legal system.

Keywords
  • Theory of International Law,
  • globalization,
  • democracy,
  • constitutionalism,
  • complexity
Disciplines
Publication Date
July 31, 2012
Citation Information
Marcelo Dias Varella. "Effects of globalization on the theory of international law" ExpressO (2012)
Available at: http://works.bepress.com/marcelo_varella/2/