Law of nations and outlines of the future (prospective trends in the evolution of law and state in the context of globalization)

Автор: Izmestyev S.V.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2021 года.

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The paper presents an analysis of promising trends in the evolution of law and the state as social institutions under conditions of globalization. It addresses the impact of the globalization of human society, connected through IT by social media and discussion sites, on law and state, referred to as “social-media globalization”. Based on the ideas of I. Kant, H. Kelsen, J. Habermas and A. Giddens, the concept of global partial transit of sovereignty from the population of nation-states to the global society with the devolution to the global (supranational) level of supreme legislative and judicial powers, the formation of the highest level of global law (law of nations, “basic norms”) and global justice is presented. Furthermore, the national legislation is proposed to bring into conformity with the norms of the global law, the “law of nations”. Existing countries should retain the right to rule, enforce and adjudicate at the national level in accordance with the provisions of global law recognised by states. According to the author, such a “vertical” model of checks and balances between the globalized legislative and distributed executive powers in the future will ensure the realization of the sovereignty of the global society (global sovereignty), protect the national interests of individual nations, and create reliable mechanisms to counter usurpation. The author notes that the abolition of national states, proposed by many ideologues of glob-alism, would open the way to the formation of a global superstate, indifferent to the interests of individual nations, and create the conditions for global usurpation of power and planetary dictatorship. In the realization of the suggested model the author sees the final implementation of the supremacy of law principle and the establishment of a single moral law for the mankind and the artificial intelligence (AI) necessary in the joint exploration of cyberspace and interplanetary space. The paper analyzes the genesis of forms of socio-political activity in the face of global society formation, considers possible mechanisms of realization of the rights of the population to participate in global self-government, and describes the principles of deritualization, debureaucratization, and democratization of social government.

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Globalization, global revolution, law of nations, transit of sovereignty, supremacy of law, deep state, superstate, activism, politics, ritualistic state

Короткий адрес: https://sciup.org/149134466

IDR: 149134466   |   DOI: 10.24158/tipor.2021.3.9

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