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A Study On The Contemporary Theory Of The World Law

Posted on:2013-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:C YanFull Text:PDF
GTID:2246330374981327Subject:Legal history
Abstract/Summary:PDF Full Text Request
Since the second half of the20th century, with advanced science and technology as the support force, with economic globalization as the guide direction,with legal culture and traditions as media factors, mankind has entered the era of globalization. The wave of globalization has changed scattered and messy parts of world into an interdependent whole world. With the development of the globalization, more and more individuals,groups and organizations out the control of the nation-state act in the global civil society,and it makes the global power diversity. A unified market and the free flow of capital,personnel and services has become a consensus.Actors in the global range voluntarily choose a number of international industry standards,regulatory organization rules,technical standards and other customary laws to obey. Some rules have been accepted by the state as hard law.In addition to the economic,human rights,environmental protection,sports and many other aspects have formed a series of common human law which is called wold law. World law does not exclude diversity, it just wants to seek consensus of legal philosophy, legal values, legal principles, performance standards and other aspects in different social system,to seek universal spiritual beliefs on the basis of differences in ideology and resistance.The development of world law is full of vigor and vitality. What we must recognize is that the development of world law is filled with challenges. In practice,the whole world is a prior existence and the cultural diversity must be respected.World law which is to seek common legal cultural will inevitably conflict with cultural differences in each nation-state.It is a direct obstacle to the development of world law.Faced with the threat of hegemony,cultural security has also become a obstacle to impede the development of the world law.In addition,the development of the word law rely on the process of economic globalization and the process of universalization of human rights.But the economy is in a hegemony uniform trend and the situation of human rights is divided.The contradiction of the two becomes an important obstacles to the development of world law.In jurisprudence,the world law is facing the question of the traditional "state-law"theory.At the same time, the overall inconsistent of the legal system also affects the systematic development of world law.In political,existing world law are mostly developed by Western developed countries as leaders,so it is difficult to produce a true democracy and the authority is under suspicion.The world law outside the state law may produce a tension between the freedom and legal pluralism.The development of world law requires people to have a positive attitude.First,we must coordinate the process of economic globalization with the process of universalization of human rights.People must clamp hegemony epidemic and promote the universalization of human rights in order to harmonize the two. Second,the development of the world law also need to strengthen the exchanges between different cultures,to enhance understanding and tolerance of cultural differences and to achieve the maximization of the rule in order to gain a legitimate basis.Finally,the good development of the world law must have a proper world order.It depends on the reconstruction of state sovereignty and "good governance" to mobilize the enthusiasm of the plural subjects.Try to establish a democratic and pluralistic public institutions all over the world.It’s necessary to conduct a in-depth reform and improve the operational mechanism of United Nations Organizations which bear the majority of the international responsibility.Establish a uniform and multilevel regulation system to ensure the integrity of the world law.The existing world law is young while it is full of vigor and vitality.The path of the word law is long and arduous,but its future is bright and beautiful.
Keywords/Search Tags:globalization, globalization of law, the world law, challenge, construct
PDF Full Text Request
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