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State and globalization

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Presentation on theme: "State and globalization"— Presentation transcript:

1 State and globalization

2 Subjects of public international law
States International Organizations Individuals - persons - legal entities  Subject of international law – able to perform obligations and rights included in international law

3 Individual – person - as a subject of international law
Very specific situations when a person can be a subcject of public international law Only when some provisions can be directly applied to a person  War crimes, crimes against peace  Case of Slobodan Milošević and International Criminal Tribunal for the former Yugoslavia

4 Individual – person – as as a subject of international law
International Criminal Court: first ever permanent, treaty based (Rome Statute 1998), to promote the rule of law, to ensure that the gravest, international crimes do not go unpunished

5 Individual – legal entity – as as a subject of international law
Very specific situations when a legal entity (i.e. a company) can be a subcject of public international law Only when some provisions can be directly applied to such entity  Companies can be members of the International Seabed Authority

6 In the globalization… … open discussion on the role of transnational corporations as new subjects of international law  According to the current situation, corporations are not subjects of international law but they influence international relations

7 State as a subject of international law
WHAT IS STATE? The state as a person of international law should possess the following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states. MONTEVIDEO CONVENTION ON RIGHTS AND DUTIES OF STATES 1933

8 a) permanent population - people
In the time of globalization: Individuals are more independent from the state Individuals are more protected Individuals are more mobile Individuals are more international

9 Devlopment of HUMAN RIGHTS in the globalization era
New systems of protection: Internal (in the constitutions and other legal acts) International (more conventions, new generations of human rights)

10 Types of Human Rights NEGATIVE: rights to be free from; tell governments what NOT to do Freedom of speech Freedom of religion Freedom to assembly POSITIVE: rights to; tell government what to do Right to education Right to legal equality Right to livelihood

11 3 generations of Human Rights
1. civil and political rights – i.e. freedom of speech 2. economic, social and cultural rights – i.e. right to work 3. solidarity rights – new catalog: RIGHT TO NATURAL RESOURCES RIGHT TO PEACE RIGHT TO COMMUNICATE RIGHT TO SUSTAINABLE DEVELOPMENT

12 b) territory of the state
New aspects of territory in globalization: Telecommunication Transportation Satellite connections Internet and cyberspace

13 State borders Free movements of people, goods, services through the borders States are no longer that very closed Globalization requires more openess (trade) Sometimes it requires more control (terrorism)

14 c) government Still created on internal basis
International policies of the governments are more important More international relations More international organizations

15 Global Government ? Based on the independent decision, some functions can be trasfered to supranational level (EU) There is NO global government, the states keep their independence in international relations

16 Sovereignty – the essence of the state
Definition of the state sovereignty: „Supreme authority within a territory”  The state posseses complete and full power over the people and things on its territory

17 Limitations of state sovereignty
1. Sovereignty of other states  respect the other states 2. International law  obey the rules of international law

18 Sovereignty = Independence
Internal independence – absolute right to decide on internal matters of the state External independence – absolute right to decide on international relations

19 Sovereignty and globalization
„ In the globalization era sovereignty is an illusion. States are no longer independent and share their authortity with others: organizations, corporations…” IS THAT TRUE?  Different views by different schools (hyperglobalizers, sceptics and transformationalists)

20 Different views on the position of the state in globalization
1. Hyperglobalizers  one single global economy; end of state 2. Sceptics  3 major economical regional blocs; states less important 3. Transformationalists  new international order; states still important and in control of ecomomy


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