Chapter

Globalization, Fragmentation, and the Law

in The Perils of Global Legalism

Published by University of Chicago Press

Published in print September 2009 | ISBN: 9780226675749
Published online March 2013 | e-ISBN: 9780226675923 | DOI: http://dx.doi.org/10.7208/chicago/9780226675923.003.0004
Globalization, Fragmentation, and the Law

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Commentators have long dreamed of a unified world state or some other type of world governmental organization that would prevent war from occurring and solve the other problems that exist on a global scale. As hope for such a state has faded, global legalism has emerged as a freestanding international creed. Two of the most important trends since World War II are the fragmentation of the state and globalization. Fragmentation is a threat to international law because international law depends on powerful national governments and cannot exist without them. Globalization itself is not a threat to international law—only to the extent that it has contributed to fragmentation; its long-term effect in this regard is also baleful, or should be considered so by the international lawyer. The fragmentation of states poses a threat to, not an opportunity for, global legalism. This chapter also looks at the fragmentation of the globe outside Europe before concluding with a discussion of global legalism versus international cooperation.

Keywords: globalization; fragmentation; international law; global legalism; international cooperation; Europe; states

Chapter.  7685 words. 

Subjects: Public International Law

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