Globalization is not a new phenomenon. Already before, there have been times of increased economic, cultural and political interaction, but also competition, for example during the 17th century when the English and Dutch East India companies heralded a phase of dominance for Northwestern Europe or in the 15th and 16th centuries, when Spain and Portugal colonized what is today Latin America.
What is new today is the degree to which globalization affects the everyday lives of people around the world. One can compare today’s era of globalization with the years immediately after the re-discovery of the Americas in 1492 as well as with other phases of increased globalization. While some challenges differ, some are essentially still the same. The key question raised by globalization is how to treat the other.
This is the question which is behind all other questions, for example whether precedence should be given to the protection of the environment or free enterprise or the question which role NGOs can play in the legal process. In other words: what is the position of the individual in the international legal process? The question is answered by looking at international law and historic parallels to the current age of globalization.
Table of Contents
I. Introduction: Globalization – Now and Then
II. Heritage: The status of the individual during the Iberian phase of Globalization and the contribution of the School of Salamanca
III. Today: Almost beyond Westphalia?
1. The principle: Mediation of the individual through the state
2. Human Rights Law: A step forward – but not enough
3. Rights: Spillover effects from self-contained human rights regimes into general PIL and other regimes
4. Rights – but no Standing: The Right to Contact a Consular Official under the Vienna Convention on Consular Relations
5. Conclusions
IV. Future: One World
V. Concluding remarks
Objectives and Core Themes
This work examines the evolving status of the individual as a subject of international law within the context of globalization, arguing that the historical insights of the School of Salamanca provide a foundation for a more inclusive, human-centered international legal order that transcends the traditional state-centric Westphalian system.
- The historical role of Francisco de Vitoria and the School of Salamanca in shaping global community concepts.
- The critique of the Westphalian system and the "mediation" of individuals through states.
- The potential for individual empowerment through human rights law and non-state participation.
- The role of international conventions, such as the Vienna Convention on Consular Relations, in protecting individual interests.
- The necessity of democratizing international decision-making to better reflect the foundational role of human beings.
Excerpt from the Book
II. Heritage: The status of the individual during the Iberian phase of Globalization and the contribution of the School of Salamanca
Faced with the question of how to treat the native population of the newly “discovered” lands across the Atlantic, Vitoria described the global community as a whole, an “Orb”, for him,
“the different political communities of the Orb constitute a single entity: Totus Orbis[, describing] an order of communities as subjects who relate to each other horizontally, not on the basis of hierarchy”
between one entity and an other. Vitoria’s ideas were not realized directly but provided the basis for the development of international law in the following centuries. Today we are close to actually realizing his vision in a global community which is ordered by law.
Francisco de Vitoria argued not only for a global community which consists of states and men but also draw practical consequences, for example freedom of religion, free speech, including the right to proselytize, free trade and even free travel, including a right to reside and work abroad, all of which on a global basis, i.e., applying to everyone everywhere. In so far, Vitoria deduced from the natural state of the global community of mankind more rights than are currently codified in international law.
Chapter Summaries
I. Introduction: Globalization – Now and Then: This chapter contextualizes globalization as a non-novel phenomenon and posits that the fundamental question regarding the individual's position in international law finds its answer in the historical work of Francisco de Vitoria.
II. Heritage: The status of the individual during the Iberian phase of Globalization and the contribution of the School of Salamanca: This section explores how Vitoria envisioned a horizontal global community of mankind, grounding the development of international law in universal principles of human rights and natural law.
III. Today: Almost beyond Westphalia?: The author analyzes the eroding Westphalian paradigm, discussing the mediation of individuals through states, the limits of human rights law, and the lack of direct standing for individuals in mechanisms like the Vienna Convention on Consular Relations.
IV. Future: One World: This chapter suggests that in an integrated global society, states are becoming secondary, and the empowerment of individuals is essential for making international law serve the common good rather than merely state interests.
V. Concluding remarks: The final section summarizes the trend toward a strengthened position of the individual and advocates for a conceptual shift that recognizes the human being as the true foundation of global legal structures.
Keywords
Globalization, International Law, Francisco de Vitoria, School of Salamanca, Individual, Westphalian System, Human Rights, Non-state actors, Consular Relations, Sovereignty, Global Community, Legal Personality, Natural Law, Public International Law, Democratization
Frequently Asked Questions
What is the primary subject of this academic article?
The article focuses on the evolving legal status of the individual within the international legal system and how globalization challenges the traditional state-centered (Westphalian) model.
Which historical figure serves as the central theoretical anchor of this work?
The work heavily relies on the ideas of the Dominican friar Francisco de Vitoria, who proposed a global community based on shared human nature rather than just state hierarchy.
What is the core research question addressed by the author?
The core question is how the international legal process can and should treat the individual, moving away from viewing them merely as objects of state power toward seeing them as foundational subjects of the global community.
What research methodology does the author employ?
The author uses a historical and doctrinal legal analysis, examining the evolution of legal theories from the 16th century to modern international law, supplemented by an analysis of recent ICJ case law.
What is the significance of the "Westphalian system" in this discussion?
The Westphalian system represents the traditional state-centric model where individuals are mediated through states; the author argues this system is currently eroding due to globalization.
Which keywords best characterize the thematic scope of the work?
The key themes include globalization, international law, the legal personality of the individual, the legacy of the School of Salamanca, and the emergence of non-state actors.
How does the author characterize the "Right to Contact a Consular Official"?
The author argues that while this right is essential for a fair trial, it often lacks direct individual enforceability against states, illustrating a persistent gap in the international legal protection of individuals.
What role does the author assign to NGOs and civil society?
NGOs and civil society are seen as vital contributors to the democratization of the international legal process, allowing individuals to exert influence beyond traditional state channels.
What conclusion does the author reach regarding the future of international law?
The author concludes that international law is in a "Grotian moment," transitioning toward a system that must increasingly account for the individual as the fundamental building block of human society.
How does the author reconcile the role of the state with the rights of the individual?
The author posits that while states remain relevant, their power is increasingly checked by the rising importance of individuals and non-state actors, facilitating a more inclusive global order.
- Citation du texte
- Stefan Kirchner (Auteur), 2015, The Status of the Individual in International Law and the Age of Globalization, Munich, GRIN Verlag, https://www.grin.com/document/313126
