The article ‘Law and Justice in a Global World’ expounds on the understanding of globalization from the perspective of political and social economy. The article will also discuss the impact of globalization on the judicial processes as well as the administration of justice.
Meaning of Globalization
The term “Globalization” refers to the increasing interdependence of the economies, cultures, and populations throughout the world as a result of technology, cross-border trade in goods and services, and flows of capital, labour, and information. The idea of globalization is not new and has existed for millennia. This process was accelerated by the industrial revolution, which made it possible to produce things more quickly and, as a result, expands international trade. Globalization affects the economy in terms of commodities, services, information, technology, and financial resources. The opening up of international marketplaces has a liberating effect on trade in products and money. The possibility of creating global marketplaces has increased ways to remove trade obstacles.
As cultural and economic systems collide, globalization is fuelled. Increased international engagement, integration, and dependency are encouraged by this convergence, and in certain situations are even required. The globe is becoming increasingly globalized as nations and regions are politically, culturally, and economically becoming more intertwined. Globalization is the spread of technical innovations, knowledge, employment opportunities, and other interactions between many nations and civilizations. Globalization, in terms of economics, is the process of a country’s dependence on another through free commerce.
Understanding the Political Economy of Globalisation
Political economy is a word used to describe a field of social sciences that examines how people, governments, and public policy interact. It is also used to characterize government initiatives that have an impact on the economies of those countries. Analyzing changes in the global economy and in world politics is now particularly popular due to globalization. People, social movements, multinational corporations, and governments are believed to have established new connections and interactions as a result of technological and modern communications advancements. The end result is a series of events that have had a remarkable impact on both domestic and global affairs.
Governments are being compelled to establish international institutions as a result of political globalization. A country’s membership in international organizations grows as a result. As a result of this, Governments are forced to take human rights protection more seriously, which increases their accountability on a worldwide scale.
Role of State, International Market, and Law
As the main cause of global interdependence, the nation-state plays a predominantly regulatory function in the modern world. States that were once isolated from one another are now compelled to interact with one another in order to establish international trade policies, even though the nation-function states at home essentially remain constant. Due to various economic imbalances, these interactions may result in lowered roles for certain states and raised ones for others.
By connecting the countries that take part in international trade, international marketing hopes to accomplish all of its goals. In one’s own country, starting a business has few limits and requirements, but when it comes to marketing internationally, one must take into account every small detail and the intricacies associated therein. In such cases, demand increases as the market grows, consumer preferences shift, and the business must adhere to the laws and regulations of two or more nations.
The boundaries of the law are also altering as a result of globalization, as are new international legal organizations and standards. If we talk about the globalization of law, we might mean how much of the world is governed by the same set of laws. Such a single set of laws may be imposed by a single coercive actor, approved by a universal consensus, or developed concurrently in every region of the world.
Impact of Globalization on India’s social, Political, and Economic Development
India has one of the fastest-rising economies in the world, and in ten years, it’s expected to rank in the top three. Globalization was a seismic shift that didn’t happen until the 1990s but has been substantially responsible for India’s enormous economic progress. The industrial structure and social life of people have altered as a result of globalization. India’s trade, financial system, and cultural systems had a significant impact. The globalization of the social, cultural, and economic systems occurred concurrently. Prior to the adoption of information technology, change happened gradually, but now it happens in every sector at a rapid speed.
The Gross Domestic Product (GDP) of the nation has increased exponentially since that time. The elimination of import restrictions and export subsidies allowed for unrestricted commerce, and that has further attracted foreign investors to the Indian market. The developing Indian market’s untapped potential was made accessible to the rest of the world, and considerable adjustments were made to its industrial, financial, and agricultural sectors. In India’s urban areas, there are more restaurants and international cuisine chains. Every city has numerous theatres, sizable commercial centres, and high-rise housing. Globalization has a significant impact on the educational field, as seen by the rising literacy rate. Indian students now have more access because of partnerships between foreign universities and several Indian universities. A more global education system is being promoted by numerous government programmes like the “New Education Policy” in order to bring Indian students from all socioeconomic backgrounds up to level with the rest of the world.
Impact of Globalization on Judicial Process and Administration of Justice
Globalization has an impact on how justice is delivered in various countries. It affects and spreads the legal developments and discussions taking place from one region of the world to another. The growth of laws and ideas pertaining to human rights, competition law, intellectual property rights, cyber laws, media laws, etc. in recent years is the best illustration of this. Globalization has impacted how these laws have developed in many nations around the world. The laws passed in one country’s have an impact on the laws passed in another country. This is due to the straightforward reality that globalization has connected economies between countries that would not otherwise have any kind of territorial or geographic connection.
The numerous socio-economic aspects of globalization are also continuously changing how our legal systems operate. For instance, certain types of appellate litigation and decision-making require the use of foreign precedents. Due to this, domestic courts are compelled to deal with foreign legal materials in areas like a conflict of laws, where they must make decisions on things like proper jurisdiction, choice of law, and the recognition and enforcement of foreign judgments and arbitral awards. Furthermore, if their respective nations are signatories to the same international instruments (such as treaties, conventions, and declarations), domestic courts must also consider the language and interpretations of those documents.
There is a concurrent trend towards convergence in the domestic constitutional law of various countries due to the ever-expanding scope of international human rights norms and the role of international institutions dealing with diverse issues such as trade liberalization, climate change, war crimes, the law of the sea, and cross-border investment disputes, among others. There is no justification for stifling the judicial exchange between various legal systems that are based on comparable ideals and principles in this era of globalized legal norms. The main driver of trans-judicial communication has been the rise in direct interactions between judges, attorneys, and scholars from various jurisdictions.
Conclusion
Today’s global community has acknowledged the necessity for greater public participation and openness in bureaucratic decision-making. It should be clear that the law can be used to increase participation and openness. Personal injury, consumer protection, environmental law, and even family law are all growing as a result of the universal need to defend the individual. The expansion of global law of business transactions is a result of the globalization of markets and business operations.
The expansion of arms-length regulatory practices and the globalization of external corporate interactions are driving up demand for attorneys and their involvement in an increasing number of social, economic, and political relationships. With increased participation and involvement of nations and increased access to domestic economies, globalization brought about a revolution in international trade.
The necessity for transnational law has multiplied in today’s growing interdependence and global trade. The need to identify and work toward a unified legal system is growing as more and more nations open their economies, either fully or partially. All facets of law exhibit this globalization process. After emphasizing the necessity of globalization, we now need to adapt our domestic structure in order to keep up with the pace of globalization in terms of law, legal practice, and legal education.
References
[1] Ben Lutkevich, Globalisation, Available Here
[2] Arif Eser Guzel, Unal Arsan & Ali Acaravci, The impact of economic, social, and political globalization and democracy on life expectancy in low-income countries: are sustainable development goals contradictory?, Available Here
[3] Globalization Benefits and Challenges, Available Here
[4] Theodore Levitt, The Globalisation of Markets, Available Here
Important Links
Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams