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BOSTON COLLEGE LAW SCHOOL
LEGAL STUDIES RESEARCH PAPER SERIES

RESEARCH PAPER 75
June 13, 2005

Globalization and the Theory of International Law

Frank J. Garcia
Professor, Boston College Law School

This paper can be downloaded without charge from the
Social Science work:

/abstract=742726
“Globalization and the Theory of International Law”
Frank J. Garcia*
Boston College Law School
I. Intro
Contemporary globalization both requires, and permits, the re-casting of
international law away from a “society of states” model and towards a model of global
society and even munity. By effectively eliminating both time and space as
factors in social interaction, globalization is changing the nature of global social relations,
intensifying the obsolescence of the “society of states” model, and demanding a
fundamental change in the social theory of international law towards a global society of
persons. Because of these changes, globalization requires that we re-cast international
law into a global public law, and expand the domain of justice from the domestic into the
global, as the fundamental normative criterion for international law. Through a profound
re-examination of core international legal doctrines and institutions such as boundaries,
sovereignty, legitimacy, citizenship, and the territorial control of resources, the
international law of a society of states can be re-fashioned into the global public law of a
global society.
II. From States to Persons: Re-conceptualizing Global Legal Regulation
The dominant contemporary account of the social basis of international law has
been the “society of states” In this view, to the extent that international law

* This essay is drawn from a larger work-in-progress delivered as a working paper at MIT, Brandeis, and
Boston College. The auth