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This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
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Globalization and International Law This page intentionally left blank Gl ob a l i z at ion a n d I n t e r nat iona l L aw David J. B ederman GLOBALIZATION AND INTERNATIONAL LAW Copyright © David J. Bederman, 2008. All rights reserved. First published in 2008 by PALGRAVE MACMILLAN™ 175 Fifth Avenue, New York, N.Y. 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN-13: 978–0–312–29491–5 (hardcover) ISBN-10: 0–312–29491–3 (hardcover) ISBN-13: 978–0–312–29478–6 (paperback) ISBN-10: 0–312–29478–6 (paperback) Library of Congress Cataloging-in-Publication Data Bederman, David J. Globalization and international law / David J. Bederman. p. cm. Includes bibliographical references and index. ISBN 0–312–29478–6—ISBN 0–312–29491–3 1. International law. 2. Globalization. I. Title. KZ3410.B425 2008 341—dc22 A catalogue record for this book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: June 2008 10 9 8 7 6 5 4 3 2 1 Printed in the United States of America. 2007048028 For Frank J. Cuzze, Jr., who lived a century of progress with the wisdom and faith of the ages This page intentionally left blank C on t e n t s Preface ix Abbreviations xv Part 1 A Short History of World Law 1 Empire 2 3 Belief 11 3 Conflict 19 4 Commerce 27 5 Dignity 35 6 Universalism 43 Part 2 Today’s Globalism 7 Movement 55 8 Commons 71 9 Disciplines 87 10 Crime 103 11 Culture 119 12 Technology 131 Part 3 Challenges for Globalism and World Law 13 Diversity 147 14 Permeability 159 viii C on t e n t s 15 Legitimacy 171 16 Exceptionalism 181 Part 4 Values for World Law Conclusion 191 Notes 203 Index 235 P r e fac e T his book questions conventional wisdom about globalization and the development of a new world legal order. Although one might expect that the two topics linked together in the title of this volume—globalization and international law—would be the subject of countless studies and reflections that has actually not been the case.1 Indeed, one of the peculiarities of contemporary globalization research is the extent to which it segregates what are perceived to be the “realities” or “empirics” of globalizing developments from any analysis of the jurisprudential, legal, and regulatory ordering of this new aspect of international life. This book will remedy this gap in scholarship by offering both an historical and pragmatic account of the relationship between globalization and international law. Conflicting definitions and paradigms of the phrase “globalization” have been perennially debated in academic literature and public discourse. Indeed, it has come to mean all things to all people, descri