The Myopia of the Handmaidens: International Lawyers and Globalization

Abstract

State sovereignty is not what it used to be. International lawyers, in particular, are acutely aware of the extent to which many of its characteristics have changed. But sovereignty is largely an abstraction and the developments that have made such an impact upon it are both multi-faceted and complex. For all its shortcomings, the term 'globalization' is now the one most commonly used to describe some of mem. But despite its ubiquity in other disciplines such as economics and political science, it is a term which, at least until very recently, has been accorded little prominence in the literature of international law. The thrust of the analysis that follows is that this relative neglect is highly problematic in two respects. It reflects a failure to address adequately the implications for international law of both the changing internal role of the state and the changing nature and structure of the global economy.