Law Assignment: Globalisation And International Law

Question

Task:
The term “globalisation” has become a buzzword to encapsulate some of our amazement and apprehension as we enter a new millennium and perceptive the world around us changing at an alarming rate. The fascination with the term “globalisation” seems to stem from the fact that it means all things to all people. For some, globalisation symbolises the increasing inflyence of global corporations, new means of communication, and consumerism, all facilitated through the increasing liberalisation of both markets and the regulations governing capital flows and foreign direct investment. For others, it encapsulates the sense that decisions are no longer taken at the local or national level but some supranational global gathering. However, perhaps most importantly for our purposes, it reminds us that citizens are forming new networks and that the human rights movement is now increasingly connected and capable of exerting global infleunce. However, these three dimensions are not the end of the story. Our awareness of these changes is often vague but sometimes concrete. As Anthony Giddens points out: Globalisation is not just an “out there” phenomena. It refers not only to the emergence of large-scale world systems but also to transformations in everyday life’s very texture. It is an “in here” phenomenon, affecting even intimacies of personal identity. To live in a world where the image of Nelson Mandela is more familiar than the face of one’s next-door neighbor is to move in quite different contexts of social action from those that prevailed previously.

References to “globalisation” not only remind us that people are increasingly connected throughout the world, but they are also a reminder that trade liberalisation, new technology, and localised activity aimed at global markets all mean that the role of the State and the for a where States “do business”, are changing. Some commentators consider new actors such as global media corporations, regional organisations, and non-governmental organisations to be the new global players. For others, a new culture is emerging, thanks to international banks, international commercial organisations, transnational lobbies such as OPEC, worldwide news services such as the BBC and CNN, and multinationals. And the WTO, rather than the United Nations, is seen as the fulcrum of international interaction. Of course, the shift by sociologists from looking at societies, or nations-States, towards looking at connections across time and space does not necessarily imply a weakening of the nation-State – merely a change in emphasis. Thus, globalisation is not really one particular process. Rather, it is a handy term used to describe, lament, excuse or even advocate change.

In the light of the above, prepare a law assignment answering the following:

1. Is globalisation really global, or it’s an imaginary conception?
2. To what extent do you think globalisation and international law have impacted the welfare of third world countries?
3. How do you conceptualise the role of international institutions in setting standards for third world countries?

Answer

1. Is globalisation global, or is it an imaginary conception? Discuss in detail in this law assignment.

Globalization is global: "Globalization is a reality driven by individual governments through a continuous economic process and changes in basic economic policy through technological innovation. New countries as well as a growing number of supply and demand sources of goods and services are so far integrating into an OECD-centric global economy at an accelerated pace. As such, emerging countries are now engaging with developed countries in increasingly integrated partnerships in the real-world economy through such inclusion processes. One of the purposes of this partnership is that countries have continued to work for centuries to facilitate these movements. The term became popular in the early 1990s only after the Cold War, as the cooperative system shaped modern-day life.

However, how the European public perceives globalization and, of course, the vast majority of voters in the current electoral cycle of America, is not the same. Of all the traditional middle-class groups on both sides of the Atlantic, "globalization" is the transfer of existing jobs, resources, and knowledge from developed countries to underdeveloped, new and fast-growing economies. On closer inspection, it is not a process where new members join, but a process through which the opportunity to improve the quality of life is transferred from one part of the world to another. 

Numerous public polls have been recorded in recent years, which has led to a decline in public support for free trade, especially in the United States. Although such polls are heavily influenced by the specific wording of the questionnaire - for example, the terms "globalization" and "free trade", there is a very negative reaction among the American public when conceptually essentially synonymous concepts such as "global integration" and "free market" score much better - the headwinds of politics facing the proponents of globalization have become stronger. Whether it's published by Germany's Die Linke or the blatantly conservative US Congress members, the growing election has won directly on the platform of "anti-globalization". This has been observed as a major change since the 1990s. 

Very few voters like economic change that increases competition for their jobs, if they can save several per cent on products and services purchased annually at the same time as well as enjoy 50 basis points lower interest rates. As a result, advocates of globalization, along with free trade, face the challenge of "selling the case" for a method based on the economic change that is related to perennial politics. It unequivocally enhances wealth and overall well-being, but in which the individual voter reaches are small as well as disrupted in a very wide range, while the potential losses are presented on a large scale and heavy.

This is no more relevant than evaluating the advantages and disadvantages of globalization exclusively through the "jobs" lens; if globalization creates jobs then it is great, and if it destroys them then it is unacceptable. Although repeated in Europe, of course, this view is most strongly elaborated during the US elections and is by no means coincidental.

Imaginary or reality: Globalization is the most widely used buzzword in today's society but the term was rarely known to people before the mid-1980s. Although the term is currently widely circulated, there is yet another doubt as to whether it is real or imaginary. Because of such considerations, it is argued that there are only a few contemporary events that provoke political as well as academic controversy, such as globalization. In addition to analyzing other concepts of globalization, synchronous literature also debates the limits and significance of the method. 

The controversy surrounding the reality associated with globalization is evident from the fact that some see it as a process that could be a source of fundamental dynamic change in the world, which is promoted as well as resisted. Others consider it to be the great myth or fiction of the present time, they think it is a misrepresentation and misinterpretation of real power which can shape people's lives. Accordingly, the debate over whether the notion of globalization is ultimately hindering human understanding of contemporary human conditions as well as the methods of improvement is now becoming a matter of intense intellectual and public interest.

Since there is no proper explanation for globalization, it is facing complex problems. Despite having vast and elaborate literature, there is a lack of integrated theory of globalization or even a systematic analysis of its basic features. There is considerable disagreement about the concept of globalization beyond the general recognition of the real or perceived intensity of global interconnection if there are any structural consequences as well as casual dynamics related to it.

People are in the second age of globalization. The first great globalization took place in the middle of the 19th century, on the eve of World War I, with partially liberalized trade and immigration policy as well as partly by reducing the transport cost. The scope of globalization is still very small which stands in the 20th century. Both advocates and sceptics are attracted to globalization, each offering a different interpretation of the term based on their own opinions. In short, globalization is about expanding, intensifying, accelerating, and increasing the impact of global interconnection. From the point of view of a lawyer, globalization is not imaginary, it is a process to become global, but one that is yet to be completed. Globalization is a confusing phenomenon for everyone.

Conclusion: There is no doubt that for a lawyer for whom words are ideological work and that stumbles in presenting the definition of globalization. Perhaps this is why lawyers have influenced the argument related to globalization, that is cited by the argument that the time of compulsory law has passed, or that Roman law could become its grave, that globalization will be driven by the death of the Civil Code. The more mysterious the concept and the more the name imprinted on it, the more it brings back the legacy of good tradition, the more global trade is customized when denominated as "globalization".

To what extent do you think globalization and international law have impacted the welfare of third world countries?

The real impact of Globalization on international law in developing countries- In the case of developing countries, globalization acts as a challenge as well as a promise. It acts as a promise because, as a result of globalization, a significant effect of human activity acts as a normative effort, and the job of international law is to provide it properly and Globalization also serves as a challenge because Globalization is not phenomenally waiting to be controlled by International law. The effects of Globalization and international law will be discussed here-

• Changing subjects:

1. As globalization challenges the perceived performance of developing countries, it also has an international law effect on the legal workings of countries. Every positive and negative effect of international law deeply affects the citizens of countries. Its impact can be seen in every aspect of their business, trade, livelihood, and workplace. If the citizens of the country commit any crime, they will be directly punished for it under international law. As a result of the actions of international criminals, the resilience of the country's law is displaced. As a positive aspect of this, the citizens of the country are also covered under international law, for example, various new bills, petitions, laws and tribunals. In addition to these, the citizens of the developing countries have to be aware of the law because of human rights.
2. Globalization also has an impact on international organizations in a variety of areas, such as the nature, importance, and functioning of the organization. In general, the performance of international organizations has been enhanced by the fact that developing countries are now more willing to take on more responsibilities at the multinational level, although those efforts have often been hampered. As a result, the nature of international organizations has changed.
3. Since the nineties, some organizations have been able to express themselves in new ways as a result of globalization. For example, it can be said that the WTO (The World Trade Organization) is now moving from the steady-state of the international treaty marks the path to a relatively dynamic wave. The International Criminal Court is an organization formed as a combined result of globalization and international law.

• Changing objects:

1. International law usually deals with various international issues, such as war, peace, various diplomatic relations within the country, etc. It can be said that international law can deal with all these problems effortlessly, and globalization has directly helped developing countries to do so. As a result of this trend, there has been a long-running effort to regulate the functioning of various powers through international law; it was originally coined in the Westphalia region. The rise of transnational groups has led to problems with arbitrary use of the law. There is a dilemma in international law when it comes to enacting various laws to protect human beings, whether the first enacted laws are legal in all cases at all, especially when the purpose of that law is to protect an entire group.
2. Another important point is that globalization has been able to directly change the phenomenon of violence in general, which is conducive to the preservation of law at the international level. Although civil wars are still a major issue in the international arena, and non-international issues are also emerging on a large scale, whether those are internal conflicts or mass crimes, these have caught the attention both inside and outside the countries.
3. On the other hand, international law deals with issues that are growing at an international level, but not seemingly international, but can be said to be global in scope. These are problems that are emerging all over the world, and one country as a single unit is not enough to deal with them, it needs the help of many countries. One of these is global public product control.

• Changing nature:

1. There are some significant changes in the concept of international law. Although this has always been the case, sovereignty is more compact, and more dependent on international law. Moreover, it is very important for the development of developing countries. As a result of the erosion of sovereignty, public or private divisions are also damaged, and the international legal framework depends to some extent on this. Accordingly, when the issue is on an individual level or with a specific group, it becomes difficult to differentiate under the legislation. For example, when it comes to international law or international issues, the people of an entire country have to face different problems.
2. Everyone in the international community has a history, and these long-standing problems are now the biggest problem in developing countries. However, due to globalization, their programs have not been accurately predicted, but some help has been found in their elimination and their activity is comparatively less than before. However, in the case of developing countries, the perception of the international community should be clear to all and there is a need to identify 'Global Village', or 'Global Politics'.
3. As a result of globalization, various conditions have changed in the formulation of international law. The development of international law has traditionally been used as one of the most important structures in developing countries. Various civic groups, NGOs, social movements, country levelled groups and lobbies have become more desperate to participate in several international conferences and mega conferences and present their thoughts with one goal in mind, globalization. Innovations from various civil societies and their transnational groups have also played a significant role in the adoption of several agreements, particularly in the cases of human rights and the environment. It is also playing a key role in pushing for the introduction and enforcement of international law. These institutions and organizations help in the overall development of developing countries and the implementation of new laws.

Conclusion: Globalization truly affects the subject-object matter and international law. The impact of globalization on developing countries largely affects its citizens, especially when it comes to various implementations of international law.

How do you conceptualize the role of international institutions in setting standards for third world countries?

With the end of the Cold War, the take-off of the average life, and the IT revolution begins, a first change took place across much of the developing world. It may take time for government agencies to adopt because they do not always have the motivation, process and institutional structure to solve the problem properly. However, international organizations play an important role in clearing communications as well as complying with both import and export rules, especially in third world countries. 

• World Trade Organization (WTO): The inherent fact of the WTO trading system is that open trade can boost economic growth as well as contribute to the development of countries. It can be said that trade and development are good for each other.

WTO agreements include provisions that play a key role in considering the interests of developing countries. All WTO agreements include specific provisions for developing countries, including implementation agreements and commitments, measurement of increasing their business opportunities, and assistance to build the WTO's work infrastructure and application of technical standards. The WTO has established reference centres in more than 100 Ministries of Commerce and regional agencies in the capitals of developing as well as the third world countries. Computer and Internet access has been provided to enable ministry officials to communicate WTO events in Geneva virtually to the WTO's vast database of official documents and other material.

• Maritime Organization (MO): IMCO (Inter-Governmental Maritime Consultative Organization) is important for setting the standards of many developing countries. Founded in 1948, the organization has been renamed the Indian Maritime Organization. All the business goods traded by sea are under this organization. Their safety, ethics, and legally everything are handled by this international organization. They have different policies for transporting different types of dangerous goods and they work according to that policy, there are many problems in transporting these products especially in waterways. Also, each freight container is weighed and then released, as many people commit fraud. As a result of water transportation, the business of a country depends a lot on what is under this maritime organization. The importance of this organization lies in the standard recruitment of developing countries. At present, the total number of countries under this organization is 172.
• International Monetary Fund (IMF): The IMF or the International Monetary Fund is a very important organization on which the economic condition of a low economy country depends a lot. This is because the organization's work is to provide financial assistance to economically backward countries, as well as to help those countries that are in a better economic position if they ever face a financial crisis. This organization is very important in protecting the economic status of developing countries. In general, the economic status of a country depends on two factors: one trade balance and two payment balances. The IMF does its best to help countries in case of large amounts of trades when they are in crisis.
• World Customs Organization (WCO): The WCO plays a leading role in the administration of WTO agreements on tariff assessment and rules of origin. Through the customs valuation process, the customs authority determines a monetary value for the goods imported or exported. Rules of origin are the kind of regulations that specifies a country that must meet certain criteria for claiming to be the source of a product or service.
• The Organisation for Economic Co-operation and Development (OECD): The main objective of the OECD is to help developing countries and emerging economies find solutions to problems through various innovative policies aimed at sustainable growth, reducing poverty and inequality, and improving people's lives. By facilitating a policy dialogue between government, philanthropic actors, and private, they help developing and underdeveloped countries. African, Asian as well as Latin American countries participate as full members at the Center, where they interact equally with OECD members.
• G 20: The G20 plays an important role to create an activating atmosphere for comprehensive global growth as well as developmental implementation. Its role is crucial to ensure financial stability, promote growth and avoid and manage crises for LIDCs to support opportunities and address challenges. The contribution of the G20 in taking vital steps in providing financial assistance to the backward countries is undeniable.

The ILO is particularly keen to actively support the G20 as a major forum for international economic cooperation. At the request of the G20, the ILO contributes data, information, analysis and also policy recommendations on economic, social factors aimed at strengthening the global economy and providing financial assistance to lagging countries.

• International organisation for standardization (ISO): The organization was founded in 1947, although it was suspended during World War II, but was later reorganized. This organization is most important in recognizing the standard of a country. Because its work is to judge the standards in different areas of a country, those areas are - technology, railways, textiles, weapons, agriculture, military, jewellery, paint etc. Apart from recognizing standards, its other function is to create various agendas, prepare technical reports, etc. It also provides a standard between ISO-affiliated countries which makes it easier to trade worldwide. These standards are usually built to ensure product, service security, etc. Depending on the quality of food, agriculture and healthcare, the ISO has set about twenty thousand standards. There are currently 165 countries under it.
• United Nations Commission on International Trade Law (UNCITRAL): The organisation was formed in 1966 to conduct various business-related regulations, modernization of regulations, etc. UNCITRAL's functions include assisting the government as much as possible in achieving various economic goals that are beneficial to the country, as well as promoting and facilitating various legal systems, and assisting in other legal activities. UNCITRAL currently has more than 50 member states under it. All these members are included for six years through the UN General Assembly.

Conclusion: From the above discussion provided in this law assignment, it is concluded that the developing countries are now at a stage from which their development is universally applicable and each country and various international organizations are playing an important role in their development. The impact of globalization and international law has made it possible for countries to achieve economic, political, moral and, above all, overall development, these organizations are also working as continuous support.

References

1. What Is Globalization?. PIIE. (2018). Retrieved 29 November 2021, from https://www.piie.com/microsites/globalization/what-is-globalization.
2. Latif, M. I. (2010). Globalization: Myth or Reality? Pakistan Horizon, 63(4), 33–49. http://www.jstor.org/stable/24711031
3. Kirkegaard, J. (2008). Perceptions and Realities of Globalization. PIIE. Retrieved 29 November 2021, from https://www.piie.com/commentary/speeches-papers/perceptions-and-realities-globalization.
4. Latif, M. I. (2010). Globalization: Myth or Reality? Pakistan Horizon, 63(4), 33–49. http://www.jstor.org/stable/24711031 
5. Parente, R. C., Geleilate Jose´-Mauricio G and Rong, K. (2018) “The Sharing Economy Globalization Phenomenon: A Research Agenda,” Journal of International Management, 24(1), pp. 52–64. https://sci-hub.se/10.1016/j.intman.2017.10.001. 
6. Brunn, S. D. (2006) Wal-mart world : the world's biggest corporation in the global economy. New York: Routledge. doi: 10.4324/9780203943199.
7. Cooper, C. (2008). Globalization is more than an economic phenomenon. Tourism Recreation Research, 33(1), 109-111. https://sci-hub.se/10.1080/02508281.2008.11081296
8. Sachs, J. (1998). Globalization and the Rule of Law. https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=1003&context=ylsop_papers
9. Astomo, P. (2021). Legal Politics of Responsive National Education System in the Globalization Era and the Covid-19 Pandemic. Yuridika, 36(2), 401-426. https://e-journal.unair.ac.id/YDK/article/viewFile/25897/14365
10. Perácek, T., Mucha, B., & Brestovanská, P. (2018). the impact of globalization on selected legal institutions to secure commitments in the conditions of the slovak republic. economics, 10, 11th. https://www.researchgate.net/profile/tomas-peracek-2/publication/329991244_the_impact_of_globalization_on_selected_legal_institutio
    ns_to_secure_commitments_in_the_conditions_of_the_slovak_republic/links/5c27d
    fd8458515a4c700ae67/the-impact-of-globalization-on-selected-legal-institutions-to-secure-commitments-in-the-conditions-of-the-slovak-republic.pdf
11. Dabovic, D. (2018). Character, Method and Causes of Globalization of Law. Russian Journal of Comparative Law, (5), 82-93. https://d1wqtxts1xzle7.cloudfront.net/58572713/1549368383-with-cover-page-v2.pdf?Expires=1638200216&Signature=ZPDVguwbAr8zDrnKvDYovZUVJe7YsMCCRxSyK5aY
    jXpi00~jCln8finIITw1bvdiDy7SRmM6dVXLx1E5Tz2fZWZ1fiDm5anJI8zpH932zErhX7
    a4gA~4B4Dds391kXzRuJ4lc-ONCvu3zlkdnSjkbIahMnaXcqj4I9VO-Dg8mBmQ5BC2DvqLVEnQEFwAzLAO0jw-U-ffrXVxnynA1ZlU8b4ubOuXO65oyV-ui71ja~J5C1HQuLp6dxuWZ~yjHIcAHWv1Lu7xU1JgJRZPanVDnKfY4m6gq0usZHn~pp
    oDa~aqEPDBNev9q6UPNQDGZJ8LPY~2hkClbm7yBb7Scm-aBQ__&Key-Pair-Id=APKAJLOHF5GGSLRBV4ZA
12. Blattner, C. E. (2019). Protecting animals within and across borders: Extraterritorial jurisdiction and the challenges of globalization. Oxford University Press. https://books.google.com/books?hl=en&lr=&id=DtqUDwAAQBAJ&oi=fnd&pg=PP1&dq=GLOBALIZATION+FROM+
    THE+POINT+OF+VIEW+OF+LAW&ots=jmouEmUw1A&sig=sRjhfxnC1onh1QySAa
    HsDwmGqXY 
13. Arifin, S. (2017). A Roadmap of the Development of Indonesian Law in the Midst of Globalization. International Journal of Business, Economics and Law, 13(4), 55-59. https://www.ijbel.com/wp-content/uploads/2017/09/LAW-89.pdf
14. Šaroch, S., & Šmejkal, V. (2018). Rethinking the EU Globalization Policies. on European Integration 2018, 1457. https://is.muni.cz/publication/1459476/ICEI-2018_Proceedings.pdf#page=1458
15. Puente, A. M. O. (2020). New Instruments for Human Rights Protection in Globalization. The Age of Human Rights Journal, (14), 211-243. https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/download/5484/4807
16. Iacob, A. I. Globalization And International Cooperation-A Theoretical Approach Of Financial Markets And Macroeconomic Growth, In The Context Of The World Crisis. Https://Www.Researchgate.Net/Profile/Anca-Iacob/Publication/355700455_Globalization_And_International_Cooperation_-A_Theoretical_Approach_Of_Financial_Markets_And_Macroeconomic_Growth_In
    _The_Context_Of_The_World_Crisis/Links/617a54550be8ec17a93bb12b/Globalization-And-International-Cooperation-A-Theoretical-Approach-Of-Financial-Markets-And-Macroeconomic-Growth-In-The-Context-Of-The-World-Crisis.pdf
17. Cremene, C. S. (2019). Globalization-'Economy Without Borders'. Annals of the University of Petrosani, 19(1), 71-78. https://www.upet.ro/annals/economics/pdf/2019/p1/Cremene_4.pdf
18. Rzayeva, G. (2019). Digital age, globalization: Ensuring economic rights in the new information society. Law Rev. Kyiv UL, 115. http://www.irbis-nbuv.gov.ua/cgi-bin/irbis_nbuv/cgiirbis_64.exe?C21COM=2&I21DBN=UJRN&P21DBN=UJRN&IMAGE_FILE_DOWNLOAD=1&Image
    _file_name=PDF/Chkup_2019_3_22.pdf 
19. Kirkegaard, J. (2008). Perceptions and Realities of Globalization. PIIE. Retrieved 29 November 2021, from https://www.piie.com/commentary/speeches-papers/perceptions-and-realities-globalization. 
20. Palley, T. I. (2018). Three globalizations, not two: Rethinking the history and economics of trade and globalization. European Journal of Economics and Economic Policies: Intervention, 15(2), 174-192. https://www.econstor.eu/bitstream/10419/181476/1/fmm-imk-wp-18-2018.pdf
21. Marie-Anne Frison-Roche. (2016). Globalization From The Point Of View Of Law. Retrieved from https://mafr.fr/en/article/la-mondialisation/
22. ROY, A. (2018). International Organizations That Play a Role in Importing and Exporting [Blog]. Retrieved 29 November 2021, from https://www.shippingsolutions.com/blog/international-organizations-that-play-a-role-in-importing-and-exporting. 
23. McArthur, J., & Werker, E. (2016). Developing countries and international organizations: Introduction to the special issue. The Review Of International Organizations, 11(2), 155-169. https://doi.org/10.1007/s11558-016-9251-2
24. Berman, P. (Ed.). (2017). The globalization of international law. Routledge. https://books.google.co.in/books?hl=en&lr=&id=wzkrDwAAQBAJ&oi=fnd&pg=PP1&dq=The+Globalization+of+Inte
    rnational+Law&ots=9M95pcW5SN&sig=6eh7wY1AJ8XQV9z8rvw2KluNSY8&redir
    _esc=y#v=onepage&q=The%20Globalization%20of%20International%20Law&f=false