Mondialisation, démocratie, état de droit : une analyse juridique de la mondialisation
This article aims to critically analyse the concept of globalization, from a legal standpoint. While globalization is often criticized as anti-democratic, we demonstrate that from a strictly legal point of view, the reality is subtler. We review the criticisms of globalization related to the loss of...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Université des Antilles
2013-08-01
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| Series: | Études Caribéennes |
| Subjects: | |
| Online Access: | https://journals.openedition.org/etudescaribeennes/5876 |
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| Summary: | This article aims to critically analyse the concept of globalization, from a legal standpoint. While globalization is often criticized as anti-democratic, we demonstrate that from a strictly legal point of view, the reality is subtler. We review the criticisms of globalization related to the loss of state sovereignty, which we believe need to be put into perspective in both their extent and their impact on democracy. We show how international law overcomes the new challenges due to globalization by allowing a new balance between the State and the Individual on the international plane. We then show that the classical model of democracy based on the State is being superseded by a democracy based on transnational civil society. Finally, we discuss the essential role of the judge to preserve democracy and rule of law in the international order, despite the limitations inherent to his competences. |
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| ISSN: | 1779-0980 1961-859X |