THE GLOBAL INTERSTATE SYSTEM (FINAL).pptx

GLOBALIZATION. THE GROWING IDEA OF GLOBALIZATION AS A IMPORTANT THEME AND THE SUBSEQUENT DWINDLING OF NATION- STATES, POINTS TO A PROSPECT OF TRANFERRING TO A GLOBAL SCALE OF REGULATORY INSTRUMENTS. UPON THE MODEL THAT REGULATION WAS NO LONGER WORKING EFFECTIVELY AT THE NATIONAL OR REGIONAL LEVELS. AS A COMPLEX AND MULTI- VIEWED PHENOMENON, GLOBALIZATION IS CONSIDERED BY SOME AS A FORM OF CAPITALIST EXTENSION WHICH NECESSITATES THE INTEGRATION OF LOCAL AND NATIONAL ECONOMIES INTO A GLOBAL, TOLERANT MARKET ECONOMY.

1. THE GLOBAL INTERSTATE SYSTEM LESSON 1: NATION AND STATE

2. NATION AND STATE THE STATE, AS A POLITICAL ENTITY, HAS BEEN VIEWED BY LUMINATES AS A GROUP, MORE OR LESS NUMEROUS, PERMANENTLY OCCUPYING A DEFINITE PORTION OF TERRITORY, HAVING A GOVERNMENT OF THEIR OWN TO WHICH THE GREAT BODY OF INHABITANTS RENDER OBEDIENCE AND ENJOYING FREEDOM FROM EXTERNAL CONTROL. THE CONCEPT OF THE STATE THAT IT “ENJOYS FREEDOM FROM EXTERNAL CONTROL” TO SAY THE LEAST , HAS DRATICALLY WANED DUE TO GLOBALIZATION. GLOBALIZATION PLAYS A CRITICAL ROLE IN RECONFIGURING THE STATE.

3. NATION AND STATE A nation is a territory where all the people are led by the same government. The word “nation” can also refer to a group of people who share a history, traditions, culture and, often, language—even if the group does not have a country of its own. A state is a community formed by people and exercising permanent power within a specified territory. 

4. NATION AND STATE NATION-STATE AND STATE SOVEREIGNITY ARE THE BASIC CONCEPTS OF THE NEW WORLD ORDER CALLED THE “WESTPHALIAN, EUROPEAN SETTLEMENTS OF 11648, WHICH BROUGHT TO AN END THE EIGHT YEARS WAR BETWEEN SPAIN AND THE DUTCH AND THE GERMAN PHASE OF THE THIRD YEARS WAR. THE PEACE WAS NEGOTIATED, FROM 1644 IN THE WESTPHALIAN YOWNS OF MUNSTER AND OSNABRUCK. THE SPANISH-DUTCH TREATY WAS SIGNED ON JANUARY 30, 1648. THE TREATY OF OCTOBER 24, 1648, COMPREHENDED THE HOLY ROMAN EMPERROR FERDINAND III, THE OTHER GERMAN PRINCES, FRANCE, AND SWEDEN. ENGLAND, POLAND, RUSSIA, AND THE OTHER OTTOMAN EMPIRE WERE THE ONLY EUROPEAN POWERS THAT WERE NOT REPRESENTED AT THE TWO ASSEMBLIES. SOME SCHOLARS OF INTERNATIONAL RELATIONS CREDIT THE TREATIES WITH PROVIDING THE FOUNDATION OF THE MODERN STATE SYSTEM AND ARTICULATING THE CONCEPT OF TERRITORIAL SOVEREIGNITY.

5. DECLINE OF THE POWER OF STATE THE FUNDAMENTAL DOCTRINES OF INTERNATIONAL LAW ON EXCLUSIVE DOMESTIC JURISDICTION, EQUALITY, DIPLOMATIC IMMUNITY, NON- INTERVENTION, AND RECOGNITION OF STATES, LIKE THE WESTPHALIAN SYSTEM.

6. DECLINE OF THE POWER OF THE STATE THIS CANNOT ONLY BE ATTRIBUTED TO THE STATE AND NON- STATE ACTORS. SOME ACTORS LIKE THE ACCELERATING PACE O TECHNOLOGYICAL CHANGE IS ONE ASPECT THAT SHOULD BE CONSIDERED. AS MENTIONED BY STRANGE THAT TECHNOLOGY HAD UNDERMINED ONE OF THE PRIMARY REASONS FOR THE EXISTENCE OF THE STATES, ITS CAPACITY TO REPEL ATTACK BY OTHERS. THE ESCALATION OF CAPITAL COST OF MOST TECHNOLOGICAL INNOVATIONS WHICH HAS RELATIVELY LESSEN THE INPUT OF LABOR IS ANOTHER CONTRIBUTORY FACTOR. THE CONTEMPORARY GLOBAL PEOBLEMS OF TERRORISM AND CLIMATE CHANGE ALSO CONTINUE TO CAUS THE DECLINE OF THPOWER OF THE STATE.

7. DEBATE What country is the most powerful in the world? US OR CHINA? WITH REGARDS TO: 1. MILITARY 2. ECONOMY 3. TECHNOLOGY 4. PEOPLE

8. ACTIVITY 3.1 ESSAY IN NOT MORE THAN 5 SENTENCES, DISTINGUISH NATION FROM STATE. RESEARCH ON THE OTHER FACTORS ON THE DECLINING OF POWER STATES.

9. THE GLOBAL INTERSTATE SYSTEM LESSON 2: CONTEMPORARY GLOBAL GOVERNANCE

10. NATURE OF GLOBAL GOVERNANCE Global governance can be roughly divided into four stages: agenda-setting; policymaking, implementation and enforcement, and. evaluation, monitoring, and adjudication.

11. ROLE OF PUBLIC INTERNATIONAL LAW IN GLOBAL GOVERNANCE Within this political economy, international law has been transformed into an “un-political” facilitator of technical governance at a global scale, as well as the guarantor of the solidity of the state-centric frame that fixes the local limits of political contestation In conclusion, international law is the linchpin of global governance. It facilitates cooperation, maintains peace, and upholds the rights of individuals and states in our increasingly interconnected world. 

12. DOCTRINE OF TRANSFORMATION VERSUS DOCTRINE OF INCORPORATION THE DOCTRINE OF INFORMATION IS BASED UPON THE PERCEPTION OF TWO DISTINCT SYSTEMS OF LAW OPERATING SEPERATELY, AND MAINTAINS THAT BEFORE ANY RULE OR PRINCIPLE OF INTERNATIONAL LAW CAN HAVE ANY EFFECT WITHIN THE DOMESTIC JURISDICTION, IT MUST BE EXPRESSLY AND SPECIFICALLY TRANSFORMED INTO MUNICIPAL LAW BY THE USE OF THE APPROPRIATE CONSTITUTIONAL MACHINERY. ON THE OTHER HAND , THE DOCTRINE OF INCORPORATION HOLDS THAT INTERNATIONAL LAW IS PART OF THE MUNICIPAL LAW AUTOMATICALLY WITHOUT THE NECESSITY FOR THE INTERPOSITION OF A CONSTITUTIONAL RATIFICATION PROCEDURE. IT IS AN AUTOMATIC RECEPTION OF THE INTERNATIONAL LAW INTO DOMESTIC LAW WITHOUT THE FORMAL NEEDS FOR OFFICIAL LEGISLATION TO SANCTION IT AND GIVE PROVISION IN THE DOMESTIC LAW, SUCH AS A STATUTE OR JUDICIAL DECISION, WHICH PRECLUDE THE USE OF THE INTERNATIONAL LAW.

13. SOURCES OF INTERNATIONAL LAW 1. INTERNATIONAL TREATIES TREATIES AND CONVENTIONS ARE THE COGENT SOURCE OF INTERNATIONAL LAW AND ARE CONSIDERED “HARD LAW”. TREATIES CAN PLAY THE ROLE OF CONTRACTS BETWEEN TWO OR MORE PARTIES, SUCH AS AN EXTRADITION TREATY OR A DEFENSE PACT. TREATIES CAN ALSO BE LEGILATION TO STANDARDIZE A PARTICULAR ASPECTOF INTERNATIONAL RELATIONS OR FORM THE CONSTITUTIONS OF INTERNATIONAL ORGANIZATION.

14. SOURCES OF INTERNATIONAL LAW 2. INTERNATIONAL CUSTOMS- THIS SOURCE OF INTERNATIONAL LAW SPECIFICALLY EMPHASIZES THE TWO REQUIREMENTS OF STATES PRACTICE PLUS ACCEPTANCE OF THE PRACTICE AS OBLIGATORY OR OPINIO JURIS SIVE NECESSITATIS (USUALLY ABBREVIATED AS OPINIO JURIS)

15. SOURCES OF INTERNATIONAL LAW 3. GENERAL PRINCIPLE OF INTERNATIONAL LAW- THE SCOPE OF GENERAL PRINCIPLES OF LAW AND CONTROVERSIAL BUT MAY INCLUDE SUCH LEGAL PRINCIPLES THAT ARE COMMON TO A LARGE NUMBER OF SYSTEMS OF MUNICIPAL LAW. GIVEN THE LIMITS OF TREATIES OR CUSTOM AS SOURCES OF INTERNATIONAL LAW, THE RULES OF INTERNATIONAL LAW OF JUSTICE MAY BE LOOKED UPON AS A DIRECTIVE TO THE COURT TO FILL ANY GAP IN THE LAW AND PREVENT GAPS BY REFERENCE TO THE GENERAL PRINCIPLES. 4. JUDICIAL DECISIONS- JUDICIAL DECISIONS AN DTHE TEACHINGS OF THE MOST HIGHLY COMPETENT PUBLICISTS OF THE VARIOUS STATES ARE SUBSIDIARY MEANS FOR THE DETERMINANTION OF RULES OF LAW. THERE IS NO RULE OF STATE DECISION IN INTERNATIONAL LAW. THE JUDGEMENT OF THE COURT HAS NO BINDING FORCE EXCEPT BETWEEN THE PARTIES AND IN RESPECT OF THAT PARTICULAR CASE.

16. SOME ISSUES RESOLVED THROUGH GLOBAL GOVERNANCE 1. HUMAN RIGHTS. EVERY INDIVIDUAL CAN DEMAND CERTAIN FUNDAMENTAL RIGHTS (THE RIGHT TO LIFE, FREEDOM FROM BODILY HARM, PERSONAL FREEDOM OF EXPRESSION AND OF SPEECH). 2. THE PROTECTION OF INDIVIDUALS DURING WARS AND ARMED CONFLICTS. INTERNATIONAL HUMANITARIAN LAW DEFINES THE RULES OF WAR AND ESPECIALLY THOSE CONCERNING THE PROTECTION OF CIVILLIANS, THE WOUNDED AND PRISONERS OF WAR. 3. THE FIGHT AGAISNT TERRORISM AND OTHER SERIOUS CRIMES. EFFORTS TO DEAL WITH SUCH THREATS CAN ONLY BEEFFECTIVE IF THEY ARE FOUNDED ON INTERNATIONAL LAW.

17. 4. ENVIRONMENT. THE MORE UNIVERSAL THE RULES ON PROTECTING CLIMATE AND PRESERVING NATURAL RESOURCES ARE, THE MORE SUFFICIENT THEY ARE 5. TRADE AND DEVELOPMENT. A STABLE INTERNATIONAL ORDER IS AN ESSENTIAL PREREQUISITE FOR ACHIEVING THIS. 6. TELECOMMINICATIONS. A TELEPHONE CALL ABROAD WOULD BE IMPOSSIBLE WITHOUT A BODY OF INTERNATIONAL LAW. 7. TRANSPORT. INTERNATIONAL THREATIES ARE ESSENTIAL FOR ENSURING THE SAFETY OF INTERNATIONAL AIR AND RAIL TRAVEL.

18. GLOBAL GOVERNANCE AS A NEW PARADIGM GLOBALIZATION. THE GROWING IDEA OF GLOBALIZATION AS A IMPORTANT THEME AND THE SUBSEQUENT DWINDLING OF NATION- STATES, POINTS TO A PROSPECT OF TRANFERRING TO A GLOBAL SCALE OF REGULATORY INSTRUMENTS. UPON THE MODEL THAT REGULATION WAS NO LONGER WORKING EFFECTIVELY AT THE NATIONAL OR REGIONAL LEVELS. AS A COMPLEX AND MULTI- VIEWED PHENOMENON, GLOBALIZATION IS CONSIDERED BY SOME AS A FORM OF CAPITALIST XTENSION WHICH NECESSITATES THE INTEGRATION OF LOCAL AND NATIONAL ECONOMIES INTO A GLOBAL, TOLERANT MARKET ECONOM.

19. ENVIRONEMENT ACTION. AN AMPLIFICATION OF ENVIRONMENTAL CONCERNS, WHICH RECEIVED MULTILATERAL ENDORSEMENT AT THE EARTH SUMMIT OR THE UNITED NATIONS CONFERENCE ON ENVIRNMENT AND DEVELOPMENT (UNCED), ALSO KNOWN AS THE RIO DE JANEIRO EARTH SUMMIT, IS ONE OF THE CENTRAL THEMES OF TODAY’S GLOBAL GOVERNANCE. INTERNATIONAL TRADE. THE EMERGENCE OF CONFLICTS OVER STANDARDS: TRADE AND THE ENVIRONENT, TRADE AND PROPERTY RIGHTS, TRADE AND PUBLIC HEALTH. THESES CONFLICTS CONTINUED THE TRADITIONAL DEBATE OVER THE SOCIAL EFFECTS OF MACROECONOMIC STABILIZATION POLICIES, AND RAISED THE QUESTION OF ARBITRATION AMONG EQUALLY LEGITIMATE OBJECTIVES IN A COMPARTMENTALIZED GOVERNANCE SYSTEM WHERE THE MAJOR AREAS OF INTERDEPENDENCE ARE EACH NETRUSTED TO A SPECIALIZED INTERNATIONAL INSTITUTION. ALTHOUGH OFTEN LIMITED IN SCOPE, THESE CONFLICTS ARE NEVERTHELESS SYMBOLICALLY POWERFUL, AS THEY RAISE THE QUESTION OF THE PRINCIPLES AND INSTITUTIONSOF ARBITRATION.

20. GLOBAL ECONOMY. AN INCREASED QUESTIONING STANDARDS AND INSTITUTIONS BY DEVELOPING COUNTRIES, WHUCH, HAVING ENETERED THE GLOBAL ECONOMY, FIND IT HARD TO ACCEPT THAT INDUSTRIALIZED COUNTRIES HOLD ONTO POWER AND GIVE PREFERENCE TO THEIR OWN INETRESTS. THE CHALLENGE ALSO COMES FROM CIVIL SOCIETY, WHICH CONSIDERS THAT THE INTERNATIONAL GOVERNANCE SYSTEMS HAS BECOME THE REAL SEAT OF POWER AND WHICH REJECTS BOTH ITS PRINCIPLES AND PROCEDURES. ALTHOUGH THESE TWO LINES OF CRITICISM OFTEN HAVE CONFLICTING BELIEFS AND GOALS, THEY HAVE BEEN KNOWN TO JOIN IN ORDER TO OPPOSE THE DOMINANCE OF DEVELOPED COUNTRIES AND MAJOR INSTITUTIONS, AS DEMONSTRATED SYMBOLICALLY BY THE FAILURE OF THE WORLD TR

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