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Globalization: The Great Evolution 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 …show more content…

Within this evolution, two important trends stand out: The first is the growing juridification of international law. The second is the recent phenomenon of states being compelled to abide by international norms without taking part in the creation of these norms. (Matias, …show more content…

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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