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The Role Of International Law In Ensuring Justice In A Globalized World

"By carefully reexamining fundamental international legal concepts and structures like boundaries, sovereignty, legitimacy, citizenship, and territorial control of resources, the international law of a society of states may be reshaped into the global public law of a global society.

Globalization is transforming the nature of international social relations, hastening the demise of the society of states model, and calling for a fundamental shift in the social theory of international law toward a global society of persons by effectively eliminating both time and space as factors in social interaction.

Globalization demands that the basic normative standards for international law be expanded from the domestic to the global level and that international law be recast as global public law as a result of these developments. In this work, even on the strictest communitarian grounds, the author examines how globalization is changing the structure of social ties at the national and international levels, paving the path for global justice and community.

The article examines how Public International Law has evolved, with increased participation and communication becoming a source of power. Globalization is not a new phenomenon. However, the current phase of globalization, facilitated by the collapse of the iron barrier and technological advancements, raises the question of how to explain the growing global legal community using international legal theory.

Globalization is a controversial topic, with different opinions on its scope, impact and nature.At its widest, it refers to a multidimensional process of human action that extends globally and across multiple cognitive frameworks. reference. The phenomenon is likely to contain both "real" and "ideational" components, which interact and influence each other. Globalization is a normative term that generates diverse viewpoints on its acceptability, sustainability, and governance.Its implications for international law are both vast and ambiguous at times.

Globalization is expected to have a considerable impact on international law due to its all-encompassing nature. Similarly, it should after the demise of the Holy Roman Empire, public international law has always denied the possibility of really global administration and interaction. International law focuses on the existence and status of states and their ties with other governments. International law is particularly vulnerable to a phenomenon that threatens a state's legitimacy and function.

The impact of globalization on international law is unpredictable and likely to remain so for a long time, as it is tied to the evolution of the law itself. International law is particularly vulnerable to a phenomenon that threatens a state's legitimacy and function. The impact of globalization on international law is unpredictable and likely will stay so for a long time, and are tied to the evolution of the international law itself.

Function of International Law in global issues:
To establish a stable and peaceful international order, states must prioritize their citizens' dignity, human rights, freedom, and the protection of shared goods. The sovereignty of states is often recognized as the foundation of such a system. The community of states bears secondary responsibility for the behavior of its recognized sovereign members.Transnational human rights guarantees are an illustration of the international community's responsibility to uphold a civilizational norm among nations.

The current United Nations organization does not appropriately reward national governments for developing and maintaining global common goods including peace, international security, justice, and environmental sustainability. Individuals lack sufficient incentives to engage in collectively responsible activity. Creating incentives should be a primary goal in any UN reform.
  1. Promoting Peace and Stability:
    International law's main goal is to promote stability and peace in global matters. Treaties and agreements, like the United Nations Charter, serve as the foundation for maintaining international peace and security.They describe states' rights and obligations, restrict the use of force, and offer methods for peaceful conflict resolution. International law serves as a platform for diplomacy, negotiation, and dialogue, minimizing the likelihood of violent conflicts and promoting national stability.
  2. Resolving Disputes and Promoting Justice
    International law serves as essential for resolving conflicts and encouraging global fairness. Arbitration, mediation, and adjudication are included as methods for resolving conflicts peacefully. The International Court of Justice and the International Criminal Court are crucial in holding offenders of human rights and crimes responsible. International law sets legal norms to ensure accountability for individuals and governments, irrespective of their position.
  3. Protection of Human Rights and Advancing Global Justice:
    Protecting human rights is a crucial part of international legislation. International gives, such as the Universal Declaration of Human Rights, define the rights that must be protected internationally. Both people and organizations can use international law to seek compensation for human rights violates, discrimination, and unfair treatment. It provides a framework for campaigning for the rights of marginalized, vulnerable, and oppressed people, as well as advancing global justice.
  4. Regulating Global Commons and Preserving the Environment:
    International law protects the high seas, outer space, and the environment, including guidelines set by treaties such as the UN Convention on the Law of the Sea for marine resource use and conservation. Global environmental agreements address issues like climate change, biodiversity protection, and pollution control. Internationallaw promotes collaboration and joint action to safeguard our common planet through the establishment of regulations and laws.
  5. Fostering Cooperation and Collaboration:
    Treaties and agreements in international law promote global cooperation in areas such as nuclear nonproliferation, disarmament, trade liberalization, and public health. Institutions like the United Nations, World Trade Organization, and World Health Organization provide forums for states to discuss, negotiate treaties, and work together on global issues, facilitating the sharing of resources, knowledge, and information for collective progress towards common goals.
International law has an absolutely critical part in world affairs. It serves as the cornerstone for international peace, stability, fairness, and collaboration. International law helps to create a more just, equitable, and harmonious world order by supporting peaceful conflict resolution, preserving human rights, regulating global commons, and encouraging collaboration. Despite its flaws and difficulty in enforcement, international law continues to be an important tool for addressing global issues and increasing humanity's collective welfare. We may work toward a better future for all by continuing to adhere to and improve international law.

Circumstantial Justice at the International Level
Globalization is creating the same situations for justice as Rawls described at the local level. This is an important thing to remember. Globalization has led to increased competition for the same resources on a global scale, all on the same piece of land: our planet. Globalization has revealed that government actions, as well as personal choices, have a significant impact on the living conditions of others.

Commercial globalization allows us to directly profit from the economic and social conditions of other countries. International justice situations illustrate the importance of justice on a worldwide scale, bolstering the case for global society. Another idea posits that globalization is fostering a worldwide community rather than just an international one.

Empirical Understanding Of Globalization Impact
In the 20th century, world-wide average income per person increased significantly, even though this was not consistent across nations. Over many years, the wealth gap between rich and poor countries has been increasing. The most recent World Economic Outlook analyzes 42 Nations for which data from the entire twentieth century are available. The report indicates that, while per capita production has improved, wealth distribution has become more uneven than at the turn of the century.

This has given greater weight to measures geared primarily at reducing poverty.
Countries with a strong development track record and effective policies could expect to see long-term poverty reduction, as new data show that there is at least a one-to-one relationship between growth and poverty reduction. Implementing supportive of the poor measures, such as targeted social investment, can boost economic growth and lower poverty rates.

It's concerning that the difference between the richest and poorest has grown. The world's extreme poverty rate is alarming. There is no reason to believe that globalization is to responsible for the disparity, or that there is no means to improve matters at this moment.

Conclusion: Findings and Suggestions for improvement
Globalization presents both a threat and an opportunity in terms of international law. Globalization has the potential to require significant normative efforts, which international law appears to be capable of fulfilling. Globalization has a significant impact on the themes, purposes, and core of international law, making it difficult to regulate.

Individuals are recognized as subjects of international law for their contributions, both positive and negative. Individuals may be held personally liable under international law for certain activities in the worst-case scenario. International criminal culpability appears to be substituting more traditional state blame as a means of attribution.

The development of private nonstate actors has increased the significance, type, and quantity of international organizations. International organizations have been around since the late 1800s. It has influenced existing institutions and encouraged the creation of new ones, emphasizing the global nature of certain challenges, including inter-state and transnational issues.

Previously, international law was primarily focused on inter-state issues like war and peace, or diplomatic ties. Although international law continues to address such issues, globalization has significantly transformed how it does so. Globalization has significantly impacted the control of violence under international law. While inter-state wars remain a key worry for the international community, large-scale incidences of non-international violence, such as internal conflicts or mass crimes committed by the sovereign, have drawn attention both within and without the state.

International relations theory has historically been unduly concerned with global (dis)order. Global justice academics have helped to broaden the scope of IR theory by shifting the focus to humans on a planetary scale, allowing them to confront challenges of global cohabitation in novel ways. Despite hints of progress in academia, states appear to be more concerned with managing conflict, distrust, and chaos than reaching global agreements and treating one another equitably. As a result, global justice as an issue has been underrepresented in policy, and global justice studies has yet to gain the prominence of major IR ideas like realism or liberalism.

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  • Conceptualizing and Measuring Global Justice: Theories, Concepts, Principles and Indicators
  • Law, Justice and Globalization

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