State and globalization

Subjects of public international law

 States
 International Organizations

 Individuals

- persons
- legal entities
 Subject of international law – able
to perform obligations and rights
included in international law
Individual – person - as a subject of
international law
 Very specific situations when a person
can be a subcject of public
international law

 Only when some provisions can be

directly applied to a person

 War crimes, crimes against peace

 Case of Slobodan Milošević and
International Criminal Tribunal for the
former Yugoslavia
Individual – person – as as a subject of
international law
International Criminal Court:

 first ever permanent,

 treaty based (Rome Statute 1998),
 to promote the rule of law,
 to ensure that the gravest,
international crimes do not go
unpunished
Individual – legal entity – as as a subject of
international law
 Very specific situations when a
legal entity (i.e. a company) can be
a subcject of public international
law
 Only when some provisions can be
directly applied to such entity

 Companies can be members of

the International Seabed Authority
In the globalization…
… open discussion on the role of
transnational corporations as new
subjects of international law

 According to the current situation,

corporations are not subjects of
international law but they influence
international relations
State as a subject of international law
WHAT IS STATE?

The state as a person of international

law should possess the following
qualifications:
a ) a permanent population;
b ) a defined territory;
c ) government; and
d) capacity to enter into relations with the
other states.

MONTEVIDEO CONVENTION ON RIGHTS AND DUTIES OF STATES 1933

a) permanent population -
people
In the time of globalization:
 Individuals are more independent

from the state

 Individuals are more protected

 Individuals are more mobile

 Individuals are more international

Devlopment of HUMAN RIGHTS
in the globalization era
New systems of protection:

- Internal (in the constitutions and

other legal acts)

- International (more conventions,

new generations of human rights)
 Types of Human Rights
NEGATIVE: rights to be free from; tell governments
what NOT to do
 Freedom of speech

 Freedom of religion

 Freedom to assembly

POSITIVE: rights to; tell government what to do

 Right to education

 Right to legal equality

 Right to livelihood
 3 generations of Human Rights
1. civil and political rights – i.e. freedom of speech
2. economic, social and cultural rights – i.e. right to work

3. solidarity rights – new catalog:

RIGHT TO NATURAL RESOURCES

RIGHT TO PEACE
RIGHT TO COMMUNICATE
RIGHT TO SUSTAINABLE DEVELOPMENT
 b) territory of the state
New aspects of territory in globalization:

- Telecommunication
- Transportation
- Satellite connections
- Internet and cyberspace
State borders
 Free movements of people, goods,
services through the borders
 States are no longer that very
closed
 Globalization requires more
openess (trade)
 Sometimes it requires more control
(terrorism)
c) government
 Still created on internal basis

 International policies of the

governments are more important

 More international relations

 More international organizations

Global Government ?
 Based on the independent
decision, some functions can be
trasfered to supranational level
(EU)
 There is NO global government,
the states keep their independence
in international relations
 Sovereignty –
the essence of the state
Definition of the state sovereignty:

„Supreme authority within a territory”

 The state posseses complete and full

power over the people and things on its
territory
Limitations of state sovereignty
1. Sovereignty of other states
 respect the other states

2. International law
 obey the rules of international
law
Sovereignty = Independence
 Internal independence – absolute
right to decide on internal matters of
the state

 External independence – absolute

right to decide on international
relations
Sovereignty and globalization
„ In the globalization era sovereignty
is an illusion. States are no longer
independent and share their
authortity with others:
organizations, corporations…”

IS THAT TRUE?
 Different views by different
schools (hyperglobalizers, sceptics
and transformationalists)
Different views on the position of the state
in globalization
1. Hyperglobalizers  one single global
economy; end of state

2. Sceptics  3 major economical regional

blocs; states less important

3. Transformationalists  new international

order; states still important and in control
of ecomomy
Important vocabulary
 SUBJECT OF LAW
 POPULATION
 TERRITORY
 LEGAL ENTITY
 WAR CRIMES
 HUMAN RIGHTS
 INTERNATIONAL CRIMINAL COURT
 STATE BORDERS
 SOVEREIGNTY
 SUPREME AUTHORITY