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 lawWHAT 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 speech2. economic, social and cultural rights – i.e. right to work

3. solidarity rights – new catalog:

RIGHT TO NATURAL RESOURCESRIGHT TO PEACERIGHT TO COMMUNICATERIGHT 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