THE IMPACT OF GLOBALISATION ON INTERNATIONAL LAW

ABSTRACT

“Globalisation is like a run way train with no control.” These were the words of Gordon Brown in his sheer description of globalisation. However, how and where does the law create legal boundaries for globalisation as it’s one of the functions of law to regulate affairs of the society?

INTRODUCTION

Globalisation has changed the world in various ways, most importantly positively. It has groomed the relationship between different countries of the world and has watched them thrive in unity. However, what is the role of  international law  in regulating these relationships these nations have built? Is International law addressing the issues that emerge from globalisation? In this legal essay, the concept of globalisation will be analysed, globalisation positive and negative impact will also be highlighted and how international law penetrates as a balance.

CONCEPTUAL ANALYSIS- GLOBALISATION

National Geographic Education, defines globalisation as a term used to describe how trade and technology has made the world into a more connected and interdependent place.^[1] BBC also defines globalisation as a process in which the world is becoming increasingly interconnected as a result of massively increased trade and cultural exchange.^[2] Globalisation includes integration in economies,trade, culture and political systems. This integration is facilitated by improved transportation systems, improved communications through technology,labour opportunities, freedom of trade, cultural exchange inter alia. Globalisation has posed positive and negative impacts however, the positive effects of globalisation are perceived to be more dominant. Globalisation has also affected every area of the society most importantly LAW which is the subject of discussion.

INTERNATIONAL LAW

According to Phillip Jessup, “International law or the law of nations must be defined as law applicable to states in their mutual relationship with states.” The Permanent Court of International Justice defines international law in the S.S Lotus case as “International law governs relations  between independent states.”^[3] The sole role of international law is to guide “the law of coexistence and the law of cooperation” among states.

POSITIVE IMPACT OF GLOBALISATION ON LAW

• GLOBAL UNITY AND COOPERATION: Law is one of the instruments used to drive cooperation in the society. Law has aided globalisation to foster connection among nations in diverse ways. Globalisation has encouraged nations to leverage on their strengths to trade with other nations. This has birthed the concept of International Trade Law as the trade relations among these countries have to be regulated to alleviate conflicts. These regulations will ensure peaceful resource exchange among these nations leading to global peace. Therefore globalisation has birthed laws that regulate international trade relations.
• EMERGENCE NEW LEGAL FRAMEWORKS: Globalisation features new innovations such as cultural diversity, communications and technology. These innovations have birthed fresh niches of law and legal frameworks. Law is now needed to address transnational issues such as climate change, data privacy, cyber security, international crimes, to make the world secure. The challenges of international trade promoted the growth of financial institutions like International Monetary Fund (IMF),World Trade Organisation (WTO), WORLD BANK inter alia.^[4]
• PROMINENCE OF DISPUTE RESOLUTION: Globalisation has made alternative dispute resolution more prominent. Increased economic relations between states, multinational companies has resulted in the prominence of alternative dispute resolution as a tool in solving cross border disputes. International Economic law allows for a number of settlements of disputes channelled through arbitration and other tribunals. These channels have hereby strengthened the power of justice and ensure fairness among nations.
• VOLUNTARY COMPLIANCE: Globalisation has compelled states to voluntarily comply with legal frameworks. International law is now used to discourage states from engaging in money laundering, tax evasion, environmental degradation and so on.^[5] With a more structured international legal framework, most countries cooperate with these laws independently.
• HIGH FOCUS ON GLOBAL ISSUES : The emergence of globalisation has increased international law focus on issues affecting the world. Globalisation was an eye opener for international law to see problems that existed but were never paid attention to. For example: climate awareness, environmental awareness, pandemic and outbreaks, insurgencies inter alia.^[6]

NEGATIVE IMPACT OF GLOBALISATION ON INTERNATIONAL LAW

• THREAT TO STATE SOVEREIGNTY: The integration of legal frameworks by globalisation is perceived as a threat to states autonomy and independence. Some countries do not conform to international standards because they feel pressured to and the international standards are viewed as a tool to lower their own political and cultural views.
• INEQUALITY IN THE AFFAIRS OF NATIONS: Globalisation has increased inequality among nations as some states are more fast paced than others technologically and economically. This economic inequality benefits more regions of the world than another. Also, multinational companies seek cheap labour in third world countries taking advantage of low wages.
• CULTURAL AND VALUE DOMINATION: Globalisation has caused the western values to dominate the world subtly as their norms are now incorporated into international laws. Typical examples are gay rights, feminism movement, animal rights movement. This has strangled the unique cultures of other jurisdictions in the world.^[7]
• ENVIRONMENTAL HARM: The pursuit of globalisation has somewhat caused environmental degradation as natural resources are now exploited beyond bounds. There are increased greenhouse emissions,ocean acidification, deforestation, climate change and environmental pollution.^[8] These environmental activities if not balanced can expose the world to frequent natural disasters. According to a report from International Transport Forum, CO2 emissions will increase 16 percent by 2050^[9].
• TENSION ON INTERNATIONAL LAW: Globalisation makes it harder for international law to be executed especially when addressing issues like cyber crimes, environmental protection, supply chains and so on. These increased complex issues have also led to a more complex international framework.
• MASS IMMIGRATION TO FIRST WORLD COUNTRIES: Another impact globalisation has made is the massive brain drain from developing countries to first world countries. This has made immigration laws irrelevant as professionals still surpass the hurdle of legal restrictions of migration. Skilled individuals by pass these immigration laws and this renders them less effective.^[10]
• EXPLOITATION AND ABUSE OF HUMAN RIGHTS: The quest for cheap labour by multinationals has increased the rate of exploitation and the violation of human rights in which international law principles are against. However some scholars now  perceive international law as a law in favour of the West because it does not effectively curb these inhumane treatments. International is now perceived as a “Protection for the West”. This is moreover a negative feedback globalisation has caused on international law.

CONCLUSION AND RECOMMENDATIONS

International law can create legal boundaries for globalisation by upholding territorial integrity and the sovereignty of states. Also, international laws should address and enforce strict legislations on climate change, environmental pollution, illegal migration, exploitation of the low income population and so on. Furthermore, international organisations should set minimum labour standards to promote a sustainable world. Laws that are perceived to be in favour of the western states should be amended to ensure balance and fairness that international law represents. International Organisations should also create mechanisms in which trade and economic disputes can be settled amicably among these nations. International laws can help mitigate the negative effect of globalisation by establishing these legal standards.

REFERENCE(S):

Websites

• https://education.nationalgeographic.org/resource/globalization/
• https://ijrpr.com/uploads/V5ISSUE9/IJRPR33215.pdf
• https://www.bbc.co.uk/bitesize/articles/zx9gjfr
• https://reliefweb.int/report/mali/general-assembly-mali-calls-global-un-approach-sahel-s-regional-challenges
• https://www.lawnewsnetwork.com/the-impact-of-globalization-on-national-legal-systems/
• https://timespro.com/blog/the-effects-of-globalisation-on-international-law
• https://online.hbs.edu/blog/post/globalization-effects-on-environment
• https://www.tandfonline.com/doi/pdf/10.1080/1369183X.1996.9976537
• https://udrc.lkouniv.ac.in/Content/DepartmentContent/SM_d54d2a28-a359-4351-838d-9148482468f8_30.pdf

^[1] https://education.nationalgeographic.org/resource/globalization/

^[2] https://www.bbc.co.uk/bitesize/articles/zx9gjfr

^[3] https://udrc.lkouniv.ac.in/Content/DepartmentContent/SM_d54d2a28-a359-4351-838d-9148482468f8_30.pdf

^[4] https://ijrpr.com/uploads/V5ISSUE9/IJRPR33215.pdf

^[5] https://timespro.com/blog/the-effects-of-globalisation-on-international-law

^[6] https://reliefweb.int/report/mali/general-assembly-mali-calls-global-un-approach-sahel-s-regional-challenges

^[7] https://www.lawnewsnetwork.com/the-impact-of-globalization-on-national-legal-systems/

^[8] https://online.hbs.edu/blog/post/globalization-effects-on-environment

^[9] https://online.hbs.edu/blog/post/globalization-effects-on-environment

^[10] https://www.tandfonline.com/doi/pdf/10.1080/1369183X.1996.9976537