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2 results

  • 5 - Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?

  • Boaventura de Sousa Santos, Universidade de Coimbra, Portugal
  • Book:
    Toward a New Legal Common Sense
    Published online:
    08 October 2020
    Print publication:
    01 October 2020, pp 196-369

  • Summary

    In Chapter Five, I broaden the legal landscape by means of a global scale - the globalization of law. As I understand it, however, the globalization of law includes the translocal networks of local laws as well as the complex interaction between the national state and its law, on the one hand, and the imperatives of globalization, on the other. I set out to offer an analytical framework and a research agenda for understanding the changes of law in the context of globalization. Given the broadness of the agenda and the need to develop an overarching theoretical framework, I only mapped the central issues and did not seek to offer a detailed analysis of each of them. I also swerve from conventional conceptions, in the case in point, the conventional conceptions of globalization. I submit that there is not one kind of globalization alone, but rather two, and I draw a crucial distinction between hegemonic globalization and counter-hegemonic globalization.

  • The Role of Law in Counter-hegemonic Globalization and Global Legal Pluralism: Lessons from the Narmada Valley Struggle in India

  • BALAKRISHNAN RAJAGOPAL
  • Journal:
    Leiden Journal of International Law / Volume 18 / Issue 3 / October 2005
    Published online by Cambridge University Press:
    02 November 2005, pp. 345-387
    Print publication:
    October 2005

  • The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.