Published online by Cambridge University Press: 24 August 2001
Does international law have a place in a world being reshaped by globalization? Sceptics argue that international law belongs to a world order, based on relations among sovereign states, that is rapidly receding into history. But such a claim itself invites scepticism. Globalization is a journalist's term—a rough tool for making sense of what appears to be a trend toward a more integrated international economy and its attendant cultural homogenization.It is common to identify globalization with cultural uniformity and to contrast it with difference. See, for example, Benjamin R. Barber, Jihad vs. McWorld: How Globalism and Tribalism are Reshaping the World (New York: Ballantine Books, 1996), and Thomas L. Friedman, The Lexus and the Olive Tree: Understanding Globalization, expanded paperback edn. (New York: Anchor Books, 2000). Academics who use the term link it to the proliferation of intergovernmental organizations and transnational interest groups concerned with human rights, the environment, or economic issues, and to the emergence of a new normative framework, distinct from classical (‘Westphalian’) international law, for ‘global civil society’ and ‘cosmopolitan democracy’.See, for example, Michael Walzer (ed.), Toward a Global Civil Society (Oxford: Berghahn Books, 1995) and Daniele Archibugi, David Held, and Martin Köhler (eds.), Re-imagining Political Community: Studies in Cosmopolitan Democracy (Oxford: Polity Press, 1998). Whether these trends will continue and how they might affect familiar political arrangements is not yet clear. It is possible that international law will disappear along with the pluralist system of sovereign states that the new global order is said to be replacing. It is more likely, however, that the old system will continue in a new form, and that there will be a place for international law in the new order. In this article, I discuss the character of law in the international system, on the assumption that globalization will not destroy that system. But even if international law does vanish, perhaps to be replaced by a different system of world law, the issues I consider here will remain relevant because they are inherent in the idea of law itself.
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