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Pressure to shift away from this model began in earnest in the mid-20 century, through human rights, international economic law, and the emergence of international civil society, all of which render the""society of states" model increasingly deficient both empirically and normatively. Criticisms of current international law and institutions point to the lack of democratic participation and legitimacy, lack of distributive justice, lack of basic welfare rights and security, etc. -the usual suspects in conferences and symposia such as this one. From a theoretical viewpoint, I would argue that these are not problems in the " society of states"model -instead, they point to the limits of this model, signaling that we have reached those limits. What is the next step? Globalization, Global Society and global Communit Efforts to reconfigure international law at the theoretical level often center around the fundamental moral status of individual persons, drawing on the work of Kant and others, and going by the name"cosmopolitanism. Such efforts, however, run into a variety of theoretical problems, including important communitarian objections to the possibility of global justice, on the ground that justice is a virtue within political communities, not between them. This objection fits well with the"society of states model, and helps keep justice out of international law However, by effectively eliminating both time and space as factors in social interaction, globalization is changing the nature of global social relations, and creating the basis for both society and community at the global level. Viewed from the See generally Charles Beitz, Cosmopolitan Liberalism and the State System, " in POLITICAL RESTRUCTURING IN EUROPE(BROWN ED 1994)(surveying contemporary cosmopolitanism) See generally DAVID MILLER, ON NATIONALITY (1995), MICHAEL WALZER, SPHERES OF JUSTICE(1983) (raising general communitarian objections to global justice) For a comprehensive overview of globalization as a phenomenon, emphasizing changes in the perception of time and space, see Heba Shams, "Law in the Context of "Globalisation: A Framework of Analysis, "35 NT'L LAWYER 1589(2001)Pressure to shift away from this model began in earnest in the mid-20th century, through human rights, international economic law, and the emergence of international civil society, all of which render the “society of states” model increasingly deficient both empirically and normatively. Criticisms of current international law and institutions point to the lack of democratic participation and legitimacy, lack of distributive justice, lack of basic welfare rights and security, etc. – the usual suspects in conferences and symposia such as this one. From a theoretical viewpoint, I would argue that these are not problems in the “society of states” model - instead, they point to the limits of this model, signaling that we have reached those limits. What is the next step? III Globalization, Global Society and Global Community Efforts to reconfigure international law at the theoretical level often center around the fundamental moral status of individual persons, drawing on the work of Kant and others, and going by the name “cosmopolitanism.”6 Such efforts, however, run into a variety of theoretical problems, including important communitarian objections to the possibility of global justice, on the ground that justice is a virtue within political communities, not between them. 7 This objection fits well with the “society of states” model, and helps keep justice out of international law. However, by effectively eliminating both time and space as factors in social interaction,8 globalization is changing the nature of global social relations, and creating the basis for both society and community at the global level. Viewed from the 6 See generally Charles Beitz, “Cosmopolitan Liberalism and the State System,” in POLITICAL RESTRUCTURING IN EUROPE (BROWN ED. 1994) (surveying contemporary cosmopolitanism). 7 See generally DAVID MILLER, ON NATIONALITY (1995), MICHAEL WALZER, SPHERES OF JUSTICE (1983) (raising general communitarian objections to global justice). 8 For a comprehensive overview of globalization as a phenomenon, emphasizing changes in the perception of time and space, see Heba Shams, “Law in the Context of ‘Globalisation:’ A Framework of Analysis,” 35 INT’L LAWYER 1589 (2001). 3
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