Globalisation Notes
Globalisation Notes
the process of international integration arising from the interchange of world views,
products, ideas, and other aspects of culture. Globalisation means rapid increase in the
share of economic activities taking place across national borders.
Definitions
A typical - but restrictive - definition can be taken from the International Monetary Fund
which stresses the growing economic interdependence of countries worldwide through
increasing volume and variety of cross-border transactions in goods and services, free
international capital flows, and more rapid and widespread diffusion of technology.
Threat or opportunity...
■Globalization can be a force for good. It has the potential to generate wealth and improve
living standards. But it isn't doing that well at the moment.
The benefits from increased trade, investment, and technological innovation are not
fairly distributed.
■The experience of the international trade union movement suggests that the reality for
the majority of the world's population is that things are getting worse.
Globalization as we know it is increasing the gap between rich and poor. This is
because the policies that drive the globalization process are largely focused on the
need of business
KEY PLAYERS
■Multinational firms which carry out business across the national borders.
The World Trade Organization (WTO) THROUGH WHICH INTERNATIONAL TRAD E
AGREEMENTS ARE NEGOTIATED & ENFORCED
The World Bank & International Monetary Fund (IMF) are means to assist Govt .in
achieving development aims through the provision of loans, technical assistance.
Examples of Globalization
Because of trade developments and financial exchanges, we often think of globalization
as an economic and financial phenomenon. Nonetheless, it includes a much wider field
than just flowing of goods, services or capital. Often referred to as the globalization
concept map, some examples of globalization are:
2. Financial globalization: can be linked with the rise of a global financial system
with international financial exchanges and monetary exchanges. Stock markets, for
instance, are a great example of the financially connected global world since when one
stock market has a decline, it affects other markets negatively as well as the economy as
a whole.
1.It reciprocally developed economies all over the world and increased cultural
exchanges.
4.The origin of goods became secondary and geographic distance is no longer a barrier
for many services to happen.
But long before 1492, people began to link together disparate locations on the globe
into extensive systems of communication, migration, and interconnections.
PART I
1. c.325 BCE: Chandragupta Maurya becomes a Buddhist and combines the expansive
powers of a world religion, trade economy, and imperial armies for the first time.
2. c.1st centuries CE: the expansion of Buddhism in Asia -- makes its first major
appearance in China under the Han dynasty, and consolidates cultural links across the
Eurasian Steppe into India – the foundation of the silk road.
4.960-1279: the Song Dynasty in China (and contemporary regimes in India) which
produced the economic output, instruments (financial), technologies, and impetus for
the medieval world economy that linked Europe and China by land and sea across
Eurasia and the Indian Ocean.
5. 1100: The Rise of Genghis Khan and the integration of overland routes across Eurasia -
producing also a military revolution in technologies of war on horseback and of fighting
from military fortifications.
6.1300: the creation of the Ottoman Empire spanning Europe, North Africa, and Middle
East, and Central Asia and India -- creating the great imperial arch of integration that
spawned a huge expansion of trade with Europe but ALSO raised the cost for trade in
Asia for Europeans.
7. 1492 and 1498: Columbus and da Gama travel west and east to the Indies,
inaugurating an age of European seaborne empires.
8. 1650: the expansion of the slave trade expanded was dramatic during the
seventeenth century -- and it sustained the expansion of Atlantic Economy, giving birth
to integrated economic/industrial
9. 1776/1789: US and French Revolutions mark the creation of modern state form
based on alliances between military and business interests and on popular
representation in aggressively nationalist governments which leads quickly to new
imperial expansion under Napolean and in the Americas. The historical chronology of
modernity coincides with the chronology of globalization from the eighteenth century.
10. 1885: Treaties of Berlin mark a diplomatic watershed in the age modern imperial
expansion by European and American overseas empires, beginning the age of "high
imperialism" with the legalization of the Partition of Africa, which also marks a
foundation-point for the creation of international law.
11. 1929: the great depression hits all parts of the world at the same time in contrast to
depression of late 19th century, but following rapid, simultaneous price rise in most of the
world during the 1920s. Preceded by first event called World War and followed by first
really global war across Atlantic and Pacific.
12. 1950: decolonization of European empires in Asia and Africa produces world of
national states for the first time and world of legal- representative-economic institutions in
the UN system and Bretton Woods.
--perhaps 1989 and the end of the cold war and globalization of post- industrial capitalism
which appears to be eroding the power of the national states is on a par with the
watershed of the 1950s.
As more and more people started traveling to various countries across the world, it led
to more communication between people and intermingling of languages.
The Mongols had done the most to create a political framework for the overland
network as attested by both Ibn Battuta and Marco Polo. The spread of Muslim trading
communities from port to port along the littorals of the Indian Ocean created a world of
sea trade there analogous to the world of land routes in Central Asia.
In South Asia, it should be noted, the Delhi Sultanate and Deccan states provided a
system of power that connected the inland trading routes of Central Asia with the
coastal towns of Bengal and the peninsula and thus to Indian Ocean trade for the first
time.
Ibn Battuta as much as the Khaljis and Tughlaqs represent the nature of the agrarian
environment in the fourteenth century, and though warriors did use force to collect
taxes, there was also substantial commercial activity in farming communities over and
above what would have been necessary to pay taxes. Agrarian commercialism inside
regions of trading activity clearly supported increasing manufacturing and commercial
activity and also a growth spurt in the rise of urbanization.
Ibn Battuta (1350)-- like Abu-l Fazl (1590) and Hamilton Buchanan (1800)- viewed his
world in commercial terms, and standing outside the state, he does not indicate that
coercion was needed to generate agrarian commodities. At each stop in his journey, he
observed everyday commercialism. "Bangala is a vast country, abounding in rice," he
says, "and nowhere in the world have I seen any land where prices are lower than
there." In Turkestan, "the horses... are very numerous and the price of them is
negligible." He was pleased to see commercial security, as he did during eight months
trekking from Goa to Quilon. "I have never seen a safer road than this, he wrote, "for
they put to death anyone who steals a single nut, and if any fruit falls no one picks it up
but the owner." He also noted that "most of the merchants from Fars and Yemen
disembark" at Mangalore, where "pepper and ginger are exceedingly abundant." In
1357, John of Marignola, an emissary to China from Pope Benedict XII, also stopped at
Quilon, which he described it as "the most famous city in the whole of India, where all
the pepper in the world grows."
The militarization of the sea lanes produced a competition for access to ports and for
routes of safe transit that certainly did not reduce the overall volume of trade or the
diversity of trading communities - but it did channel more wealth into the hands of
armed European competitors for control of the sea. The Indian Ocean became more like
Central Asia in that all routes and sites became militarized as European competition
accelerated over the sixteenth and seventeenth centuries, as the Portuguese were
joined by the Dutch, French, and British.
Explorers like Columbus and Vasco Da Gama sailed through the oceans in search of new
countries and establish trade links with them or to make other countries their colonies.
The commodities trades continued as before well into the 17th century, concentrating
on local products from each region of the Eurasian system -- Chinese silk and porcelain,
Sumatra spices, Malabar cinnamon and pepper, etc. -- but by the 1600s, the long
distance trade was more deeply entrenched in the production process.
Production of cloth for export in Asia , European powers also controlled the Atlantic
Economy; and like cotton from Asia, sugar and tobacco from the Americas arrived in Europe
as commodities within circuits of world capital accumulation.
By 1800, the Atlantic and Indian Ocean systems were connected to one another via the flow
of currencies and commodities and by the operation of the British, French, and Dutch
overseas companies -- all being controlled, owned, or " chartered" by their respective
states.
The 17-18th centuries were the age of mercantilism, in which state power depended
directly on the sponsoring and control of merchant capital, and merchant capital
expanded under the direct protection and subsidy of the state treasury. It has been
argued that the expansion of "portfolio capitalists' in the Indian ocean reflected a similar
kind of mercantilist trend in Asia during the eighteenth century.
a. Phase One: the formation of national economies Basic eighteenth century economic
conditions continued well into the nineteenth century, until the railway and steam ship
began lower transportation costs significantly, and to create new circuits of capital
accumulation that focused on sites of industrial production in Europe and the US. But
important structural changes in the world economy began in the later decades of the
eighteenth century.
First, European imperial control of the Americas was broken, first in the north and then
the south. This accelerated the rise of capital and capitalists as a force in the
reorganization of nationally defined states, whose professes purpose was the political
representation of the interests of their constituent property owners and entrepreneurs
Second, European imperial expansion shifted into Asia, where the use of military power
by European national states for the protection of their national interests became a new
force in the process of capital accumulation. Chartered companies were criticized by
Adam Smith as a state-supported monopoly for the English East India Company had a
monopoly on the sale of all commodities imported into England from the "East Indies
The national state thus became both a mechanism for the control of territory within its own
borders and for the expansion of national enterprise around the world.
The industrial technologies of the factory, railway, telegraph, gattling gun, and steam
ship facilitated this development; but as important were the organizational technologies
of modernity, which include state bureaucracy, land surveys, census operations,
govemment statistics, national legál systems, and the like.
The result was not only the creation of regions of the world with their own distinctive
economic specializations, integrated into one world system of production; but also the
construction of a single world of rules and regulations for the operation of the system.
This change did not happen over night, but it was clearly moving ahead at the start of
the nineteenth century and well advanced by the end.
Circuits of capital thus moved along trade routes, across militarized sea lanes, and
organized production of cloth for export in Asia D European powers also controlled the
Atlantic Economy; and like cotton from Asia, sugar and tobacco from the Americas arrived
in Europe as commodities within circuits of world capital accumulation.
By 1800, the Atlantic and Indian Ocean systems were connected to one another via the flow
of currencies and commodities and by the operations of the British, French, and Dutch
overseas companies -- all being controlled, owned, or " chartered" by their respective
states.
The 17-18th centuries were the age of mercantilism, in which state power depended
directly on the sponsoring and control of merchant capital, and merchant capital
expanded under the direct protection and subsidy of the state treasury. It has been
argued that the expansion of "portfolio capitalists' in the Indian ocean reflected a similar
kind of mercantilist trend in Asia during the eighteenth century.
Globalization between the pre modern periods to modern period
The industrial revolution in the 19th century was one of the major periods in the history
of globalization. Due to the industrial revolution, there was a significant increase in the
quantity and quality of the products. This led to higher exports and better trade and
business relations. Due to better products and colonization, lots of countries across the
world became the consumers of the European market. The phase of pre globalization
perhaps came to an end after the First World War.
LAW
Provides order in a society
The Rule of Law is a supreme value
Incorporates a way of resolving disputes
Role is to defend persons, property and rights.
JUSTICE
• Provides fairness and equity
• Civil disobedience is valid if the laws are unjust and contrary to what is fair.
Judges can depart from the law to do what is just and set new precedent To be just,
law must be consistent with moral law
Law and Justice though are two different concept, however they are interrelated.
While
LAW" - officially promulgated rules of conduct, backed by state- enforced penalties for their
transgression.
• "JUSTICE" - rendering to each person what he or she deserves.
DEFINITION
> Law.
A rule of action to which men are obliged to make their conduct conformable, a
command, enforced by some sanction, to acts and forbearances of class
A principle of conduct observed habitually by an individual or a class In its widest sense,
law is an aggregate of rules enforceable by judicial means in a given country.
• Jurists have defined law differently from differently point of views. It has been called
'Dharma' in Hindu jurisprudence and 'Hukum' in Islamic system. Romans called it Jus & in
Germany and France it is called as Richt and Driot respectively.
Blockstone: law in its most general and comprehensive sense signifies a rule of action
and is applied indiscriminately to all kind of actions irrespective of gender, caste,
language, race, birth, colour, and etc.
Salmonds: the body of principles recognized and a applied by the state in the
administration of justice.
Establishing standards
Maintaining order
Resolving dispute
Protecting liberties and rights.
A guidepost for minimally acceptable behavior in society
Classification Of Law
Classification Of Law
▸ Written
▸ Act
Ordinance
‣Unwritten
▸ National
› Rules
▸ Regulations
▸ International
▸ Public
▸ Private
► Substantive
› Procedural
› Criminal
› Civil
SOURCES OF LAW
• Legislation.
Custom.
Precedent.
Juristic opinion.
International conventions.
What is Justice?
Justice is the concept of moral rightness and fairness- treating people fairly and ensuring
everyone gets what they are owed.
That being said, there is no clear definition of justice because our ideas of justice originate
from our moral convictions and our values, attitudes and beliefs – all of these change over
time! There are, however, common ideas about what the characteristics of justice are.
Concept of justice
• Justice is a concept of moral rightness based on ethics, rationality, law, natural law,
religion or equity.
• Each culture's ethics create values which influence the notion of justice. Although there
are some justice principles that are the same in all or most of the cultures, these are
insufficient to create a unitary justice apprehension.
• The association of justice with fairness has been historically and culturally rare and is
perhaps a modern innovation.
Characteristics of Justice
cases differently!
We cannot apply the law equally because this can result in unjust rulings
. For example: (you would not punish a child in the same way in which you would punish an
adult)
a charge of causing a disturbance is made against 2 people. One of the accused has
Tourette's Syndrome, The judge may dismiss the case with the person who has TS, but not
the other.
2. We consider a law unjust if it discriminates on the basis of
irrelevant characteristics
For example, not being allowed into a restricted movie is ok if you can't provide ID to prove
your age; but if you aren't allowed in because of the colour of your eyes, hair, or skin it
would be considered unjust.
Example:. Someone who is a celebrity should not receive any special treatment just
because they have celebrity status, nor should they receive undue punishments.
• He/ in his NICO Macheoin Ethics,- divides justice according to law into three kinds-
honour or money or other thing, that is, due share in political community.
• Corrective justice - The 'corrective justice' corrects a loss of portion and rights
involuntarily sustained in transaction between individual members of the community.
• Commutative justice - Justice in exchange, which determines the proportion of one sort of
goods or services in return for another sort of voluntary transaction of purchase sale or
hire.
THEORIES OF JUSTICE
• There are various theories of justice which have been propounded from time to time in
search of an ideal standard of justice.
• Normally, the concept of justice was closely linked with property. Locke who looked upon
the law of nature as the principal foundation of justice of all just order, attached a good
deal of importance of property.
Formerly, and even now, man's right to property is the most valuable right because his
happiness to a great extent depends on it.
• It is for this reason that utilitarians adopted the criterion of the greatest number of
maximising human happiness.
• Russeau based his Social Contract on the thesis that all men are born equal. And this
provides a foundation for universal human rights and a rational basis for a theory of social
justice.
• Recently, John Rawls has established an objective theory of justice in which he arrives at a
concept capable of bridging the gap between the form and the substance of justice.
• Thus theories which take in their sweep the principles of distributive justice, may be
classified as:
Utilitarian Theory
⚫The propounders of this theory defined justice with reference to principle of 'the greatest
happiness of greatest number.
• According to them, public utility is the sole origin, justification and criteria of justice.
• Their idea of justice was a device to promote goodness, virtue/ pleasures and avoid evil,
pain, and unhappiness.
• They opined that utility was morally good which ought to be pursued о as the supreme
aim of life and law.
• The utilitarians defended their claim by arguing that the principles of justice do not in fact
prescribe particular mode of distribution of external resources, but m fact they justify the
given distribution of resources by the total amount of happiness which it produces.
Contractarian Theory
• The appearance of contractarian theory of justice was witnessed during 15th and 16th
century.
• This new political philosophy was expounded by Jean Bodin and Thomas Hobbes who in
their search for justice enunciated the doctrine that 'Justice is the Keeping of Covenants.
• They opined that law was nothing but an expression of people's agreement or contract or
will and had their approbation in the form of varying social contracts entered into to
achieve justice.
• According to these politico-legal scientists/ the theory of social contract was a device to
seek justice and to maintain order and peace in society.
The champions of this philosophy highlighted the fact that law must include some
assumptions about the nature of group life, its organisation, institutions and purposes.
Egalitarian Theory
• The contractarian and utilitarian concept of justice had cumulative impact on Dean
Roscoe Pound and other American legal thinkers and jurists who also propounded the
theory of distributive justice within the framework of law, legal ideals and values.
• They did not not see any confrontation between law and justice and envisaged that
distributive or egalitarian justice could also be realised on the principle of community or in
public interest through the instrument of law and due process of law.
• It is the ideal of distributive justice which sustains law in its application to social ordering
or human engineering.
• Human freedom, individual liberty/ dignity and social equality are synthesized through
law with an over emphasis of law to secure the interests of personality/possession and
transaction by balancing the individual interest with those of community interests from the
point of the community rather than that of individual.
For him law is a means to balance the competing interests of an individual along with the
social interests of the_society
He was against all kinds of unjust social, economic and political order. . He believed in the
supremacy of the ethical values and SARVODAYA i.e. the good of all which includes the
virtues of truth, love and justice towards all human beings.
• The word 'Justice' stood for privileges, duties, obligation of man and his standard of
conduct as the member of the community.
• It is also apparently clear that justice has not as yet been asigned a universally acceptable
definition and has defied almost all the attempt made by various 155 jurists, thinkers
judges and sociologists.
Global civics
Introduction
Global civics proposes to understand civics in a global sense as a social contract among all
world citizens in an age of interdependence and interaction
The disseminators of the concept define it as the notion that we have certain rights and
responsibilities towards each other by the mere fact of being human on Earth.
Global civics suggests that to understand civics in a global sense as a social contract
between the world citizens in the age of interdependence and interaction.
• The advocates of the notion attempt to demonstrate that it is possible to imagine global
civics.
• What happens in one part of the world affects lives in other parts.
CO2 emissions, infections, financial integration, nuclear leaks and several similar dynamics
have significant global consequences.
• We need to decide what sort of rapport we wish to have with the billions of others with
whom we share our planet and destinies, but not our citizenship
Proponents of this view see each international problem as a way to get closer to some
federal world government
• They seem to be intent on delivering the good life through global structures.
They doubt the legitimacy of nation-states and do not appreciate their ability to command
allegiance and deliver results.
• They also have seemingly blind faith in international schemes, and overlook legitimate
misgivings of those in many nation-states about turning over their sovereignty to woefully
inadequate international institutions.
The major negative consequence of this group is to raise diffuse suspicions concerning
infernational frameworks, and to scare reasonable people who might otherwise be open-
minded about pragmatic international cooperation
This argument, which is advocated by a small but influential group, posits that anyone who
does not care about people halfway around the world as much as their own families and
immediate neighbors is somehow morally reprehensible.
• These radical cosmopolitans argue that we should be ready to give up all wealth until the
last person in the world is not worse off than the rest of us.
Such morally virtuous cosmopolitans also underestimate how modern capitalism has
improved the living standards of billions.
Like the stance of the first group, this group's excessive demands intimidate reasonable
people, who in turn build up resistance to any conversation about global normative
frameworks.
The third minefield is formed by the doomsday advocates, a diffuse group of people who
tend to think that tomorrow will be worse off than today or yesterday.
Often, their scenarios of impending doom, unless some form of global cooperation is
achieved immediately, are meant to spur people in action.
However, these doomsayers do not seem to realize that crying wolf one too many times is
unproductive. Nor do they appreciate the impressive progress made by humanity through
piecemeal and pragmatic international cooperation schemes
And even more important, they seem oblivious to the fact that fear is not a very potent
motivator for the most important constituency we have for global cooperation-youth.
The fourth and final minefield is formed by the cynical realists, who readily argue that life is
not fair and that one should grow up and not chase elusive and impractical global
frameworks.
Many of these cynics live in the advanced industrial countries, and view all attempts at
international cooperation with utter suspicion and are deeply skeptical about all national
contributions-in treasure or in sovereignty-to global solutions.
Yet they underestimate the need for proactive cooperation by many players to solve
tomorrow's problems and the opportunity costs of common cynicism for that cooperation.
These cynics also exist in the developing world, where they view any attempt to reform
multilateral institutions as a plot to consolidate the power of the privileged few.
They pontificate on the inherent unfairness of the status quo without any hint of what they
might be prepared to do if they were to be convinced that a fairer order was within reach.
Both sides relish pointing to the unreasonableness of the other party as the justification of
their own position.
⚫. We have seen how financial engineering in the United States can drastically affect
economic growth in every part of the world; how carbon dioxide emissions from China can
end up determining crop yields and livelihoods in countries such as the Maldives,
Bangladesh and Vietnam; and how an epidemic in Vietnam or Mexico can also endanger
the rhythm of public life in the U.S. or Western Europe.
• And there is no reason to assume that this kind of interdependence will not continue or
even accelerate in the near future. Therefore, we need a moral compass-a set of guiding
principles-to enable the people of the world to navigate the treacherous waters of our epic
interdependence.
Here we will talk about the very important necessity of all living creatures which is water
and in this globalizing world what major importance it plays for turning it into a
commercial, national legal issues at a global level
⚫I it will address a number of problems which are emerging in this process like- 1.
the spread of global social movements addressing water issues
2. the increase in the number of global governance agencies involved in the field and the
formulation of globally shared values with regard to water:
Water Usage-
>Drinking: human body needs 75% water to do work of our daily life.
>Water is necessary for power generation that is one of the basic need.
SOLUTIONS
Social movements addressing water issues have established various networks An example
of this is the South Asia Network on Dams, Rivers and People (SANDRP) based in India. It
was
established in 1998 with a view to interact with the World Commission of Dams (WCD)
SANDRP regularly publishes updates on the internet on water issues such as dams, flooding,
rivers, safe drinking water and hydropower in this region (South Asia Network on Dams,
Rivers and People (SANDRP) 1999).
CONCLUSION
As the development and resource gap between developed and developing countries widen,
sharing water values on a global scaleis the need. States are increasingly dependent upon other
states and non-state actors to ensure adequate quality and quantities of water.
The emergence of an evolving global policy on water issues to address transborder water issues
constitutes an emergent system of global governance reflecting increased political co-ordination
among governments, intergovernmental organisations and transnational social movements.
The emergence of a global/transnational civil society on water issues is increasingly playing an
influential role in mobilising, organising and exercising influence on a particular water issue.
⚫ This has been made possible, inter alia, by the spread of global communications systems such as
the Internet, technologies etc.
Global Adminiatration Law
BACKGROUND OF GAL
It emerged as a concept in 21st century.
• GAL was launched and theorized in response to the quest for (legal) tools capable of
taming and framing global governance.
. Since the 1990s, the international legal context underwent profound changes, due to the
emergence of hundreds of international regulatory regimes and institutions.
• Thus, more norms, more procedures, and more disputes developed and occurred beyond
the state.
. Within this framework, international law soon appeared inadequate for the challenge,
mostly because of the need for an interdisciplinary method, which the very essence and
complexity of global legal problems necessarily mandate.
• This generated several world research projects seeking to tame globalization?
CONCEPT OF GAL
⚫The term GAL refer to either a scholarly approach or methodology that academics (and
others) may use to analyse various forms of global governance, or to a set of actual norms,
'practices', or activities or mechanisms that states, IOs and others, including private bodies,
use in various forms of global governance.
The term 'law' in GAL means a 'body of rules', which regulate international organizations,
global hybrid public-private or genuinely private institutions exercising public functions,
states and both transnational and domestic civil societies.
. Therefore, GAL refers to norms that spread across the entire world, involve international,
transnational and domestic levels, and may affect individuals directly.
BRANCHES OF GAL
Such set of norms stems from at least three different branches of law:
⚫International law: GAL focuses on phenomena and issues, traditionally belonging to this
area of study: take, for instance, rulemaking activity by IOS and all related themes such as
compliance and enforcement. From this perspective, GAL integrates the more traditional
international law view and analysis.
⚫International administrative law (or international institutional law): especially as for the
analysis of IOs organization and functions. Since most activities by IOs today can be seen as
global administration, it is thus crucial to understand how these bodies work and what they
actually do, as well as to investigate instruments and mechanisms that can help hold them
accountable.
⚫Domestic public and administrative law: States and national public administrations are
actors operating within global regulatory regimes; and the institutional design, procedures
adopted and review mechanisms, all follow models that are typical of-if not directly subject
to-administrative law.
GAL is a sector-based law. This implies that GAL has developed, and is applied,unevenly
across different policy domains. Some regimes have a sophisticated level of governing
mechanisms, while others hardly so.
GAL-like domestic administrative law - presents a high degree of hybridity, because public
and private elements constantly interact in this field.
1. Regulatory,
2. (Quasi-)judicial.
3. Institutional, and
4. Procedural.
TAMING GLOBAL RULEMAKING
Norm-making activity at the international level is rapidly accelerating. These norms may
take several different forms and names: standards, recommendations, guidelines, policies,
etc. For example, the International Labour Organization (ILO) standards, The World Bank
(operational policies addressed to the developing countries that receive the Bank's funds),
UNESCO Instruments.
the proliferation of norms and lawmakers has led international institutions to establish a
hierarchy.
Moreover, the multiplication of law-makers and the rise of norm-! outside the traditional
democratiorc circuit, as well as the increasing number of (administrative) activities
delivered by global institutions, produce several legal "grey holes", and this leads to a crisis
of legality
GAL approach can therefore offer some responses to the abovementioned crisis of legality,
which characterizes the global legal space as well as domestic contexts.
The GAL approach to the study of international judicial activities provides significant
insights related to the need for controlling and reviewing how IOs exercise their powers,
including the role played by domestic courts. And this is becoming progressively more
urgent, in so far as the traditional regime of privileges and immunities may appear to be out
of date.
Such regime is indeed under serious pressure, and even when courts uphold immunity
claims extra legal processes can nonetheless be brought to bear that may induce IOs to
accept responsibility.
These review-mechanisms, which can also enhance the degree of accountability of
international regimes, may be easily framed according to public and administrative law
traditional mechanisms of (quasi-)judicial review.
• We see here, once again, the dual nature of GAL, both as a set of actual practices and of
scholarly method.
UNDERSTANDING SUPRANATIONAL BUREAUCRACIES
⚫The growth of both regulatory and "judicial" functions at the global level is connected to a
significant increase in administrative tasks that are neither legislative nor judicial in nature.
• GAL proposes a new classification of this institutional complexity and these "global
administrations: traditional or classical international organizations, such as the UN, WHO,
ILO, to name but a few; transgovernmental and transnational networks, such as the G-20,
the Basel Committee, or the International Competition Network; hybrid public and private
or private international bodies exercising public functions, such as the ICANN, the World
Anti-Doping Agency, the ISO or the International Olympic Committee (IOC).
⚫ These types may often act together within a given regime and they can also form,
through the establishment of "domestic terminals" or in cooperation with states (either
governments or domestic public bodies), create forms of "distributed administration".
⚫ There is a sort a "vicious circle" in the development of GAL, that is partially connected
with the crisis of legality above mentioned. The more IOs grow and need to operate, the
more they need some regulation, which is often produced by IOs themselves trough non-
traditional mechanisms
• Procedures are, first of all, a device for governing complex organizations and their
decision- making processes, and this is why global regulatory regimes and global institutions
have been increasingly engaged in developing procedures.
⚫ Most of these procedures are similar to models adopted at the domestic level (such as
procedures for granting licenses or permissions, etc.); however, the legal framework of the
global arena enables other forms to be detected too, such as "policy-making" procedures.
The same is true of other supranational experiences.
GAL highlights the procedural dimension of global administration and of the activities
delivered by international bodies - both public and private.
BEYOND NATIONALISMS: GAL FACING THE UP AND DOWN OF (LEGAL)
GLOBALIZATION
GAL seems to maintain its usefulness in facing even these more recent developments of
globalization. In the case of world trade, for instance, the use of bilateral agreements has
been already criticized because it does not respect principles such as transparency and
participation, as well as other procedural mechanisms within the GAL sphere. Furthermore,
GAL may offer a fruitful perspective also in dealing with the global legal challenges raised by
new technologies.
GAL - in all its facets - allows better understanding at least two main problems which mark
the relationships between global regulatory regimes, international law and domestic legal
orders: the quest for legitimacy and accountability beyond the (democratic) state, on the
one side, and the public and private distinction at international level, on the one other.
GAL mechanisms, especially its procedural tools, serve as important instruments for
improving both legitimacy and accountability of global regulatory regimes.
• Participation in the decision-making processes, the duty to give reasons, and judicial
review are all significant principles, which help fill in the vacuum produced by the lack of
traditional forms of democracy that we may find beyond the state.
And the key role of procedure becomes relevant also because it may enhance
legitimacy and democratic accountability, since procedures allow to represent and to
negotiate different interests at stake.
• When this distinction goes international and global, it performs several functions, and
operates mainly as a "proxy" for bringing particular values into a new legal context and for
recreating a "familiar legal endeavor beyond the state: these values may consist, for
instance, in the immunities regime or in the adoption of enforcement mechanisms, as well
as in freedom of contract and mutual agreements.
⚫ States may use this proxy to retain their sovereignty; private actors may see it as an
effective way to organize their powers.
THE FUTURE OF GAL AND ITS SCHOLARSHIP: LIMITS AND
OPPORTUNITIES
GAL was conceived as an approach that is inclusive and not exclusive of other methods
because it stems directly from the complex reality of global governance.
GAL is indeed both a descriptor of an empirical phenomenon unfolding "out there" in global
governance, as well as a body of scholarship/theory that seeks to understand that
phenomenon.
⚫ Such feature makes GAL different from other IL theories, which connote either a theory
and nothing more or a theory and an activist community.
.GAL and its scholarship may continue to fruitfully face challenges launched by globalization
if they remain inclusive and consistent with its origins, and do not claim to offer solutions or
responses, but rather frame problems and raises questions capable to illustrate and unpack
such ambiguities.
Definition:
According to I.L.O, "Social security is the protection which society provides for its members
through a series of public measure, against the economic and social distress that otherwise
would be caused by the substantial stoppage of earning resulting from :-
✓ sickness
✓ maternity
✔injury
✓unemployment
✓old age and
✓ death.
To give individuals and families the confidence that their level of living and quality of life
will not erode by social or economic eventuality.
To provide medical care and income security against the consequences of defined
contingencies
> To facilitate the victims physical and vocational rehabilitation
> To prevent or reduce ill health and accidents in the occupations
> To protect against unemployment by maintenance and promotion of job creation
> To provide benefit for the maintenance of any children.
History of social security
A study on social security (ILO 1984) describes three stages in its modern evolution
according to this view, the initial response was "paternalistic private charity and poor relief
was provided to the indigent", but harsh conditions and stigma made this form of provision
politically unacceptable
SECOND PHASE:
As a reaction of first phase, in the second phase insurance schemes were developed based
on compulsory premium that entitled the participants to pensions and sick pays.
A THIRD PHASE: In this phase the concept of "prevention and universality "were
introduced with the aim of maintaining and enhancing the quality of life.
PREVENTIVE SCHEMES
Preventive Schemes are the Schemes aimed at risk prevention. In the strategy of social
management of risks, preventive approach tries to prevent poverty and helps people under
below poverty line to come above poverty line. Preventive health care, vaccinations against
diseases forms part of the preventive strategies. Majority of the schemes are of social
assistance in nature.
Promotional Schemes
Promotional social security schemes are mainly of Social Assistance type, where to
guarantee minimum standards of living vulnerable to groups of population, the
Governments at the State and Center draft schemes financed from the general revenues of
the Government. These are the strategies of risk mitigation. These guarantee:
Food and Nutritional Security
Employment security
Health Security
Education Security
Women Security
Examples of schemes in the Promotional Social Security
Food for work, Jawahar Rojgar Yojana, Rural Landless Labourers Employment Guarantee
Schemes ,Programmes of Integrated Rural Development Project, Sakshara
Bharath,Integrated Child Development Scheme (ICDS) , Public Distribution System,
Reservations for the disabled in services, Special educational institutions for the disabled
persons etc.
Benefits:
- Full and comprehensive healthcare and medical benefits for insured workers and their
families.
- Payment of the full average wage for 12 weeks for confinement /miscarriage, or sickness
arising out of pregnancy.
Payment of funeral expenses in cash on death of insured person (not exceeding Rs.5000)
⚫ Criteria: the employee must have contributed under the scheme for at least five years.
3 Workmen's CompensationScheme
4. Payment of Gratuity
-Gratuity is a lump sum amount that your employer pays you when you retire or resign
from the organization. An Employee does not contribute any portion of his salary towards
this amount.
-Applicable to various establishments employing over 10 workers
-Eligible to those who have paid a minimum continuous service of 5 years.
Formula Used: Gratuity Calculation In India =
(Basic Pay + D.A) x 15 days x No. of years of service]
Where, D.A = Dearness Allowance.
Programmes:
SOCIAL MOVEMENT
Social movement is an organized effort by a significant number of people to change (or
resist change in) some major aspect or aspects of society. The term was first used by Saint-
Simon in France at the turn of the 18TH century, to characterize the movements of social
protest that emerged there and later elsewhere, and was applied to new political forces
opposed to the status quo.
Sociologists have usually been concerned to study the origins of such movements, their
sources of recruitment, organizational dynamics, and their impact upon society...
Nowadays, it is used most commonly with reference to groups and organizations outside
the he mainstream of the political system.
In the recent years various kinds of social movements launched for one or the other
purpose. There are movements
1. to demand more and more reservation for the SCs and STs and other backward classes.
2. there are counter movements demanding its cancellation or at least the status quo.
The popular stage - In the popular stage the movement begins to rally around a figure or a
leader who promises to alleviate the sufferings of the people. This leader may be a
charismatic leader with some extraordinary qualities who is capable of giving a leadership
to the movement.
The formalization stage - This is the stage in which programs are developed, alliances are
forged, and organizations and tactics are developed.
The stage of institutionalization of the movement - If the movement becomes successful,
then it destroys itself in its last stage of development when it becomes an institution. At
this point, it is no longer collective, behavior, because it is organized, follows accepted
norms of society, and has replaced its emotional base with the assumption that change will
take time
The "We Can Do It!" poster from 1943 was re-appropriated as a symbol of the feminist
movement in the 1980s.
⚫ Feminism in parts of the western world has gone through three waves.
1) First-wave feminism was oriented around the station of middle- or upper-class white
2) Second-wave feminism attempted to further combat social and cultural inequalities.
3) Third-wave feminism is continuing to address the financial, social and cultural inequalities
and includes renewed campaigning for greater influence of women in politics and media.
⚫ In reaction to political activism, feminists have also had to maintain focus on women's
reproductive rights, such as the right to abortion.
During the First Wave, there was a notable connection between the slavery abolition
movement and the women's rights movement.
Frederick Douglass was heavily involved in both movements and believed that it was
essential for both to work together in order to attain true equality in regards to race and
sex.
• The first women's rights convention was held in Seneca Falls, New York (now known as
the Seneca Falls Convention) from July 19-20, 1848, and advertised itself as "a convention
to discuss the social, civil, and religious condition and rights of woman".
While there, 68 women and 32 men-100 out of some 300 attendees, signed the Declaration
of Sentiments, also known as the Declaration of Rights and Sentiments.
⚫ The principal author of the Declaration was Elizabeth Cady Stanton, who based it on the
form of the United States Declaration of Independence.
⚫ She was a key organizer of the convention along with Lucretia Coffin Mott, and Martha
Coffin Wright.
• Charlotte Woodward, alone among all 100 signers, was the only one still alive in 1920
when the Nineteenth Amendment passed. Woodward was not well enough to vote herself.
Second-wave feminism
⚫ It is a period of feminist activity and thought that first began in the early 1960s in the
United States, and eventually spread throughout the Western world and beyond.
⚫ In the United States the movement lasted through the early 1980s.
Whereas first-wave feminism focused mainly on suffrage and overturning legal obstacles to
gender equality (e.g., voting rights, property rights), second-wave feminism broadened the
debate to a wide range of issues: sexuality, family, the workplace, reproductive rights, de
facto inequalities, and official legal inequalities.
• Second-wave feminism also drew attention to domestic violence and marital rape issues,
establishment of rape crisis and battered women's shelters, and changes in custody and
divorce law.
Its major effort was the attempted passage of the Equal Rights Amendment (ERA) to the
United States Constitution, in which they were defeated by anti-feminists.
Third-wave feminism
It refers to several diverse strains of feminist activity and study, whose exact boundaries in
the history of feminism are a subject of debate, but are generally marked as beginning in
the early 1990s and continuing to the present.
• The movement arose partially as a response to the perceived failures of and backlash
against initiatives and movements created by second- wave feminism during the 1960s,
'70s, and '80s, and the perception that women are of "many colors, ethnicities,
nationalities, religions, and cultural backgrounds"
⚫. This wave of feminism expands the topic of feminism to include a diverse group of
women with a diverse set of identities.
⚫. Fourth-wave feminism examines the interlocking systems of power that contribute to the
stratification of traditionally marginalized groups.
Environmental Movement
An environmental movement can be defined as a social or political movement, for the
conservation of environment or for the improvement of the state of the environment. The
terms 'green movement' or 'conservation movement' are alternatively used to denote the
same.
• Environmental movements range from the highly organized and formally institutionalized
ones to the radically informal activities.
• The spatial scope of various environmental movements ranges from being local to the
almost global.
Early interest in the environment was a feature of the Romantic movement in the early
19th century.
• The poet William Wordsworth had travelled extensively in the Lake District and wrote
that it is a "sort of national property in which every man has a right and interest who has an
eye to perceive and a heart to enjoy".
• The origins of the environmental movement lay in response to increasing levels of smoke
pollution in the atmosphere during the Industrial Revolution. The emergence of great
factories and the concomitant immense growth in coal consumption gave rise to an
unprecedented level of air pollution in industrial centers; after 1900 the large volume of
industrial chemical discharges added to the growing load of untreated human waste.
⚫ Under increasing political pressure from the urban middle-class, the first large-scale,
modern environmental laws came in the form of Britain's Alkali Acts, passed in 1863, to
regulate the deleterious air pollution (gaseous hydrochloric acid) given off by the Leblanc
process, used to produce soda ash
⚫ Aim: Save sacred trees from being cut down by the king's soldiers for a new palace.
2. Chipko Movement
• Year: 1973
Place: In Chamoli district and later at Tehri- Garhwal district of Uttarakhand.
Leaders: Sundarlal Bahuguna, Gaura Devi, Sudesha Devi, Bachni Devi, Chandi Prasad Bhatt,
Govind Singh Rawat, Dhoom Singh Negi, Shamsher Singh Bisht and Ghanasyam Raturi.
Aim: The main objective was to protect the trees on the Himalayan slopes from the axes of
contractors of the forest.
Year: 1978
Place: Silent Valley, an evergreen tropical forest in the Palakkad district of Kerala, India.
Leaders: The Kerala Sastra Sahitya Parishad (KSSP) an NGO, and the poet- activist
Sughathakumari played an important role in the Silent Valley protests.
• Aim: In order to protect the Silent Valley, the moist evergreen forest from being
destroyed by a hydroelectric project.
• Year: 1982
Place: Singhbhum district of Bihar
Aim: Against governments decision to replace the natural sal forest with Teak
5. Appiko Movement
Year: 1983
Place: Uttara Kannada and Shimoga districts of Karnataka State
⚫ Leaders: Appiko's greatest strengths lie in it being neither driven by a personality nor
having been formally institutionalised. However, it does have a facilitator in Pandurang
Hegde. He helped launch the movement in 1983.
⚫ Aim: Against the felling and commercialization of natural forest and the ruin of ancient
livelihood.
Leaders: Medha Patker, Baba Amte, adivasis, farmers, environmentalists and human rights
activists.
⚫ Aim: A social movement against a number of large dams being built across the Narmada
River.
Labour movement
• The labour movement or labor movement consists of two main wings:
1) the trade union movement (British English) or labor union movement (American English),
also called trade unionism or labor unionism on the one hand, and
⚫ The trade union movement consists of the collective organisation of working people
developed to represent and campaign for better working conditions and treatment from
their employers and, by the implementation of labour and employment laws, from their
governments. The standard unit of organisation is the trade union.
The political labour movement in many countries includes a political party that represents
the interests of employees, often known as a "labour party" or " workers' party". Many
individuals and political groups otherwise considered to represent ruling classes may be
part of, and active in, the labour movement.
History
⚫ In Europe, the labour movement began during the industrial revolution, when
agricultural jobs declined and employment moved to more industrial areas. The idea met
with great resistance. In the early 19th century, groups such as the Tolpuddle Martyrs of
Dorset were punished and transported for forming unions, which was against the laws of
the time.
Trade unionism was active during the early to mid-19th century and various labour parties
and trade unions were formed throughout the industrialised parts of the world.
The International Workingmen's Association, the first attempt at international
coordination, was founded in London in 1864.
⚫ The major issues included the right of the workers to organize themselves, and the right
to an 8-hour working day. In 1871 workers in France rebelled and the Paris Commune was
formed.
From the mid-19th century onward the labour movement became increasingly globalised.
The movement gained major impetus during the late 19th and early 20th centuries from
the Catholic Social Teaching tradition which began in 1891 with the publication of Pope Leo
XIII's foundational document, Rerum novarum, also known as "On the Condition of the
Working Classes," in which he advocated a series of reforms including limits on the length
of the work day, a living wage, the elimination of child labour, the rights of labour to
organise, and the duty of the state to regulate labour conditions.
Throughout the world, action by labourists has resulted in reforms and workers' rights, such
as the two-day weekend, minimum wage, paid holidays, and the achievement of the eight-
hour day for many workers.
There have been many important labour activists in modern history who have caused
changes that were revolutionary at the time and are now regarded as basic. For example,
Mary Harris Jones, better known as "Mother Jones", and the National Catholic Welfare
Council were important in the campaign to end child labour in the United States during the
early 20th century.
Labour parties
• Modern labour parties originated from an increase in organising activities in Europe and
European colonies during the 19th century, such as the Chartist movement in the United
Kingdom during 1838-50.
⚫ In 1891, localised labour parties were formed, by trade union members in the British
colonies of Australia. They later amalgamated to form the Australian Labor Party (ALP). In
1899, the labour party in the Colony of Queensland briefly formed the world's first labour
government, lasting one week.
• The British Labour Party was created as the Labour Representation Committee, as a result
of an 1899 resolution by the Trade Union Congress.
• While archetypal labour parties are made of direct union representatives, in addition to
members of geographical branches, some union federations or individual unions have
chosen not to be represented within a labour party and/or have ended association with
them.
Labour festivals
⚫ Labour festivals have long been a part of the labour movement. Often held outdoors in
the summer, the music, talks, food, drink, and film have attracted hundreds of thousands of
attendees each year.
• Historically labour markets have often been constrained by national borders that have
restricted movement of workers. Labour laws are also primarily determined by individual
nations or states within those nations. While there have been some efforts to adopt a set of
international labour standards through the International Labour Organisation (ILO),
international sanctions for failing to meet such standards are very limited. In many
countries labour movements have developed independently and represent those national
boundaries. Development of an international labour movement
⚫It is the only tripartite U.N. agency, since 1919 the ILO brings together governments,
employers and workers of 187 member States, to set labour standards, develop policies
and devise programmes promoting decent work for all women and men.
The unique tripartite structure of the ILO gives an equal voice to workers, employers and
governments to ensure that the views of the social partners are closely reflected in labour
standards and in shaping policies and programmes.
⚫ The main aims of the ILO are to promote rights at work, encourage decent employment
opportunities, enhance social protection and strengthen dialogue on work-related issues.
⚫ Statistics on Trade Unions are collected annually by the Labour Bureau of the Ministry
of Labour, Government of India. As per the latest data, released for 2012, there were
16,154 trade unions which had a combined membership of 9.18 million (based on
returns from 15 States - out of a total of 28 States and 9 Union Territories).
The Trade Union movement in India is largely divided along political lines and follows a
pre-Independence pattern of overlapping interactions between political parties and
unions.
⚫ The net result of this type of system is debated as it has both advantages and
disadvantages. Bharatiya Mazdoor Sangh is the Largest Trade union of India.
⚫ The firm or industry level trade unions are often affiliated to larger Federations. The
largest Federations in the country represent labour at the National level and are known
as Central Trade Union Organisations (CTUO).
As of 2002, when the last Trade Union verification was carried out, there are 12
Central Trade Union Organisations recognised by the Ministry of Labour.