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perspective of political theory, globalization is lifting relationships out of the strictly territorial into the"global "or meta-territorial. The political and legal significance of this change is immediate and fundamental as the space in which we conduct our social relations changes. our manner of regulating those relations must change as well. To be effective, regulatory decisions must increasingly involve the meta-state level Globalization thus requires a fundamental re-examination of social regulation and governance at the global level, leading to a system in which states may still have a preeminent role, but not the only role For our purpose here, we need to understand how globalization is changing the nature of social relations, at the national and at the"global" levels, and paving the way for global community, and for global justice, even on stringent communitarian terms. I This change has a fundamental impact on the possibilities open to international law First, global ization is bringing about at the global level the conditions which make justice both possible, and necessary, at the domestic level, which Rawls calls the circumstances of justice. Rawls lists five circumstances a moderate scarcity of resources, a shared geographical territory, a capacity to help or harm each other, and subjectively, that people are both non-altruistic, and hold conflicting claims. 3 The key point is that globalization is bringing about the same circumstances of justice at the global level, which Rawls described at the domestic level. To begin with Id. see generally GLOBAL TRANSFORMATIONS(HELD, ET AL. EDS 1999)(reviewing evolution of meta state institutions See, e.g., ANNE MARIE SLAUGHTER, A NEW WORLD ORDER (2004); MANUEL CASTELLS, THE RISE OF THE NETWORK SOCIETY(1996) I My treatment here draws on a fuller exposition of these issues, in"Globalization, Global Community and the Possibility of Global Justice, available at http://papersssrn.com/sol3/papers.cfm?abstractid=661564 12 JOHN RAWLS, A THEORY OF JUSTICE 126-130(1971)(overview of circumstances of justice)perspective of political theory, globalization is lifting relationships out of the strictly territorial into the “global” or meta-territorial.9 The political and legal significance of this change is immediate and fundamental: as the space in which we conduct our social relations changes, our manner of regulating those relations must change as well. To be effective, regulatory decisions must increasingly involve the meta-state level. Globalization thus requires a fundamental re-examination of social regulation and governance at the global level, leading to a system in which states may still have a preeminent role, but not the only role.10 For our purpose here, we need to understand how globalization is changing the nature of social relations, at the national and at the “global” levels, and paving the way for global community, and for global justice, even on stringent communitarian terms. 11 This change has a fundamental impact on the possibilities open to international law. First, globalization is bringing about at the global level the conditions which make justice both possible, and necessary, at the domestic level, which Rawls calls the circumstances of justice.12 Rawls lists five circumstances: a moderate scarcity of resources, a shared geographical territory, a capacity to help or harm each other, and, subjectively, that people are both non-altruistic, and hold conflicting claims. 13 The key point is that globalization is bringing about the same circumstances of justice at the global level, which Rawls described at the domestic level. To begin with, 9 Id.; see generally GLOBAL TRANSFORMATIONS (HELD, ET AL. EDS 1999) (reviewing evolution of meta￾state institutions). 10 See, e.g., ANNE MARIE SLAUGHTER, A NEW WORLD ORDER (2004); MANUEL CASTELLS, THE RISE OF THE NETWORK SOCIETY (1996). 11 My treatment here draws on a fuller exposition of these issues, in “Globalization, Global Community, and the Possibility of Global Justice,” available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=661564. 12 JOHN RAWLS, A THEORY OF JUSTICE 126-130 (1971) (overview of circumstances of justice). 13 Id. 4
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