GLOBAL LAW Academic Year 2017-2018 Lesson 1-2-3 , 2018

1. GLOBAL LAWAcademicYear 2017-2018Lesson 1-2-3, 2018 Roberto Scarciglia Università di Trieste Dipartimento di Scienze politiche e SocialiPiazzale Europa, 134100 TRIESTEe-mail: roberto.scarciglia@dispes.units.it

2. Program • Textbook:Neil Walker, Intimations of Global Law, Cambridge, 2015.

3. Overview of the course program • Why global law? • Taking law to the world • Seven species of global law • The circuit of global law

4. Instructions for Students Attending the Course of Global Law • Attending students must prepare a paper in English (10-15 pages) that they will present to the class on one of the following topics: • 1) What images can you find to explain global law? • 2) Benefits of studying global law in university courses • 3) What is globalisation for law? • 4) When do global phenomena concerning the law begin? • 5) How can states react to global phenomena? • 6) How do global rules interfere with national laws? • Students are considered "attending" if they fulfil the course attendance requirements of 70% of the lessons.

5. Not attending students will hold an oral exam in English on the course program. • Opening hours during the Academic year: • Tuesday: 17:00-18.00 • Office: 4th Floor, Left Side, Room 437, Central Building

6. GLOBALIZATION Many meanings of the word "globalization" the verb, "globalize" is first attested by the Merriam Webster Dictionary in 1944 “the act or process of globalizing : the state of being globalized; especially : the development of an increasingly integrated global economy marked especially by free trade, free flow of capital, and the tapping of cheaper foreign labor markets”

7. What is global? the expansive interconnectivity of localities spanning local sites of everyday social, economic, cultural, and political life - a phenomenon but also a spatial attribute

8. aglobal space is a domain of connectivity spanning distances and linking localities to one another • which can be portrayed on maps by lines indicating routes of movement, migration, translation, communication, exchange, etc.

9. What is globalization? • The physical expansion of the geographical domain of the global = • the increase in the scale and volume of global flows • the increasing impact of global forces of all kinds on local life. • Moments and forces of expansion mark the major turning points and landmarks in the history of globalization

10. FACTORS OF GLOBALIZATION • Some differentfactorsappear on the global sphere: • a plurality of legal orders in the world • the coexistence of domestic state law with other legal orders • the absence of a hierarchically superior position transcending the differences • From a global point of view, there are new factors in comparative studies: • the emergence of new spheres of normativity • private powers and transnational actors in an international arena • a new configuration of political relations, and a criticism of the Western view of the relationship between centre and periphery.

11. Globalisation as Process The processes of globalization are something more than the simple expansion of Western influence that comes across local and particular forms of resistance Google: 46.000.000 results We try to analyze deep roots and preconditions of globalization 1) G. as a movemente recurred across the Ages (proto-globalisation (Ancient Greece, Roman, Islamic and Mongol Ages)

14. 2) G. as a modern phenomenon

15. 3) Third wave of globalization since 1945 End of Cold War in 1989: 9 november, the fall of the Berlin Wall

16. 4) New wave of globalization: 2000-present

17. The new Chinese silk road

18. Announced in 2013 by President Xi Jinping, a brand new double trade corridor is set to reopen channels between China and its neighbours in the west: most notably Central Asia, the Middle East and Europe. According to the Belt and Road Action Planreleased in 2015, the initiative will encompass land routes (the “Belt”) and maritime routes (the “Road”) with the goal of improving trade relationships in the region primarily through infrastructure investments. http://english.gov.cn/beltAndRoad/

19. Globalization refers not only to a settled historical accomplishment and its casual preconditions, But also to an ongoing and widely ramified process A gradual accumulation of various forces and tendencies in an unfinished dynamic stretching back to the early modern period a gradual deterritorialization and disembedding of the basic settings of social organization Telegraph the video-link, internet Congress of Vienna 1815 United Nations after 1945

20. Globalization produces forms of resistenceand counter tendencies. • three different approaches: • States comply and substantially accept thepenetration of global problems; • b) States resist the process ofglobalization; • c) States produce global problems through their policies. • In relation to point a), a significant role in terms of interconnection and integration between juridical orders, beyond the State

21. GLOBAL FACTORS • International capital finds new forms of collaboration and new routes of mobility, which supply a platform for yet more versatile forms of flow • New transnational political institutions attract transnational clients with transnational agendas • Global social movements • Technological Development • Cultural convergence stimulates new global markets • New forms of interconnectedness and compression of space and time

22. Neil Walker considers that the practices of globalization reflect and reinforce the material conditions under which economically, militarily and political powerful global actors can exert greater transnational influence. GLOBAL ACTORS There seems to be a whole list of actors offering possible answers to the question of who the globalizers are: i.e. global institutions such as the World Trade Organization (WTO) or the International Criminal Court (ICC);

23. communities of experts providing technocratic solutions transnational networks of activists seeking to alter global and national politics by pursuing, for example, environmental or human rights agendas powerful individuals forming transnational elites taking the fate of the global society in their hands at a safe distance from ordinary politics in places such as Brussels, New York, or Davos The notion of global actors is a composite notion that refers to a specific agency acting at the global level who contributes to processes of globalization or global politics. Two key findings of contemporary scholarship can clarify this.

24. First, it is commonly agreed that globalization has contributed to the development of new forms of public authority exercised by new global actors. The traditional view of public authority as tied in with the state and (democratic) politics cannot simply be transplanted into the global realm. With regard to global actors, this means that their agency has socio-political impact in terms of exercising public authority beyond the state.

25. Second, the global realm as an international space defined as mainly interstate relations is at odds with contemporary socio-political developments. Nonstate actors play major roles in the processes of global politics—and more broadly in the construction of global society. The potential set of global actors is rather large, ranging from transnational grassroots organizations to multinational business corporations and international organizations. We stick to the mainstream term actors in this regard, although agentsmight be more precise in some instancesas we imply agency in our definition in terms of their capacity to engage in social action on the global plane.

26. The notion of global actors is linked to new forms of public authority at the global level and comprises a wider set of actors This is of course a particular reading of global actors as seen through the prism of political science and political sociology—other disciplines obviously emphasize different aspects such as culture or economics rather than public authority and politics. But from the vantage point of a study of politics, global actors are those groups, institutions, or both exercising public authority beyond the state and that with the aim of influencing broader socio-political transnational spaces.

27. we address global actors in terms of global or transnational networks, elites, or institutions. In each case we provide both an outline of central theoretical frameworks and exemplify it with short empirical case studies and a critique. We try to outline some of the most prevalent theories and empirical studies which have taken up the challenge of explaining what is undoubtedly a key question to not only politics, but also for understanding the role of law and economics in today’s globalizing world.

28. Networks Network analysis, originally developed in the 1950s by sociologists, computer scientists, and mathematicians, has turned out to provide an interesting tool for understanding global actors. Manuel Castells, a Spanish sociologist, provides the perhaps most ambitious attempt at understanding global agency by an analysis of flows of information and the (inter)connectedness of the global society. The emergence of the network society to broader social processes, including the end of Cold War bipolarity as the dominant structuring element in international politics, alongside the alleged crisis of capitalism and étatism, and the power of social movements advocating cultural, ecological, and other concerns

29. focus on the merger of the opportunities provided by information technology (IT) and the contemporary movements of identity and cultural politics The globalization of this blend of grassroots organizing, research networks, alumni networks, and issue networks has taken place interdependently with the development of information technology it has infiltrated IT corporations’ notions of management and organization, it has made technology an integrated part of most networks.

30. The decentralization and denationalization of the corporation and the state = something greatly enabled by IT as well as the globalization of Western-style liberal market economy and the attributed decline of the nation-state have helped to spread the networks in an outsourced, subcontracted, or simply interconnected form of social organization: the network society. the global as deeply interconnected is less hierarchical than more traditional forms of organization.

31. Epistemic Communities the network society have influenced a vast body of literature that has analyzed transnational knowledge-making in more detail. We analyze how actors - and particularly constellations of expert actors - influence international policy and policy coordination. In other words, it is an attempt at defining more precisely networked governance by experts. We can define an epistemic community as “a network of professionals with recognized expertise and competence in a particular domain and an authoritative claim to policy-relevant knowledge within that domain or issue-area” (Haas).

32. What makes the group particular is its episteme, that is, its adherence to a certain set of values and modes of validity. The notion is in fact loosely building on the observations of scientific communities, where adherence to specific methodologies as a way of generating truth is a prerequisite for its workings. This notion is in fact more narrow than what is assumed in communities of scientists, where very divergent views often co-exist within the same group (Haas). Kuhn’s standard definition of a paradigm as “an entire constellation of beliefs, values, techniques, and so on shared by members of a given community,”

33. epistemic communities are more than simply a node in a network. They are instead “channels through which new ideas circulate from societies to governments as well as from country to country” (Haas) [A]n epistemic community cannot be reduced to the ideas it embodies, since these ideas are transmitted in tandem with a set of causal and principled beliefs and reflect a particular political vision. The ideas would be sterile without carriers, who function more or less as cognitive baggage handlers as well as gatekeepers governing the entry of new ideas into institutions.

34. Epistemic communities thus consist of a collective of like-minded experts. They share not only ideas of validity and internal criteria for “truth,” but also collective policy interests and normative allegiances. Basically, the epistemic community is a group of actors who have a particular and collective expertise within a certain subject area, which they assume is of importance for more generally furthering the subject area. The legal profession (or legal scholars) can, for example, not be seen as an epistemic community, yet segments of the legal profession can be characterized as such in their pursuit of more specific goals using their collective knowledge and belief structures, such as human rights lawyers or international arbitrators

35. The notion of epistemic communities was developed as a reaction to mainstream realist and systemic theories in international relations, which tend to offer but little in respect to explaining the way in which information and expert advice influence the manufacturing of international policy and regulation. The impact of such communities has gradually increased due to the new forms of communication and networking that current globalizations have facilitated. The rise and growth of these communities are an example of the proliferation of international actors: they are the outcome of a more general proliferation of experts within public governance over the last some 50 years

36. A result of this development is the growing density of regulation over the same period, a phenomenon that has been transplanted to the international level and has arguably been accelerated by contemporary globalization. This process is not only a self-fulfilling prophecy in the sense that ever-increased regulation of national and international society necessitates more and more experts it is also an outcome of the mere fact that globalization produces new forms of complexity and uncertainty.

37. While traditional international interaction has been framed as the interplay of state diplomacies pursuing national interests the new scenario increasingly requires the expertise of actors other than state diplomacies in order to solve a whole array of new issues There is basically not only a structure of opportunities for these new actors, but also a structural demand for their services. This clearly poses a challenge to neo-realist accounts emphasizing interstate conflict, war, and shifts in power resources and technologies as drivers of change

38. Different from the age of occasional gunboat diplomacy, the experts are permanent actors of the governance of globalization in subject areas as different and complex as: • Finance • Environment • Human rights • Epistemic communities are somehow the “missing link” of international policy coordination and its connections to national, international, and transnational levels of law and policy have to be more fully explained.

39. the impact of epistemic communities in transnational policy-making is in fact unsurprising and an object of only limited scholarly interest (Santos) experts are not simply playing a role because they create epistemic communities and provide information to the formal decision-makers, they are in fact themselves being influenced by hegemonic forces of the real decision-makers (Santos). the new forms of advocacy and policy coalitions facilitated by the new infrastructures of globalization and technology in terms of alternatives and counter-hegemonic political practices