The Importance Of Globalization In International Law

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The number of political, economic, social and other problems not belonging to any specific territorial boundaries that can therefore not be solved in the field of domestic law is constantly growing. In the age of globalization, wherein global trends challenges the imposition of international law, global governance and cooperation is indeed significant.
Globalization, the process of continuing integration of the countries in the world, is strongly underway in all parts of the globe. Supported by accelerating pace of technological change, by price and trade liberalization, and by growing importance of supranational rules, globalization has exposed national economics to much more intense competition than ever before. In spite of this fact, globalization
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Traditionally, most areas of law were internal state issues and not subject to state to state relations. Today, in so many of these areas, we see agreements on a state to state level, broadening the obligations of states towards each other. This, of course, has a ripple effect on the domestic sphere. We are all familiar with the domestic legislative process and its mixture of law and domestic politics, in the context of the norms and values of the society. But, increasingly, more and more areas of law have shifted from being regulated solely by domestic norms and considerations, to being influenced and regulated through international norms as well.
Globalization has compelled states to adapt to these changes in international law. States understand today that many issues that were traditionally considered as pertaining to domestic jurisprudence and policy have now risen to the international level, and need to be influenced there. There are numerous methods today through which international law and norms are established and through which they affect state to state relations as well as penetrate the domestic legal systems and policy making. (Matias,
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Just like for example, the distinctive increase in the number and characteristics of international forums and mechanisms for dispute settlement. These mechanisms encompass many areas of law and in some instances may even give standing or a right of involvement to private persons and entities. A state today may find itself therefore in an increasing amount of international litigation or disputes before mechanisms it has agreed to specifically, and sometimes before mechanisms that have expanded their jurisdictional mandate over the state by interpretation. When negotiating dispute settlement mechanisms states must take great care. Unlike in the past, there often exists today, in many negotiations, an expectation that at least certain types of international treaties should include dispute settlement mechanisms. As a result, today, many international agreements contain not only monitoring mechanisms, but also strict, binding dispute settlement mechanisms. These mechanisms require very careful attention at the negotiations stage. In addition, as stated before, awareness of case law, procedures and following the evolvement of the mechanisms are necessary at later
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