Author(s): Radomir Lukić
Subject(s): Civil Law, Nationalism Studies, Globalization
Published by: Правни факултет Универзитета у Нишу
Keywords: nation state; national law; sovreignty; globalization; self-determination; values; national interest; transnational; supranational

Summary/Abstract: The term globalization has multiple meanings, such as: the process of globalization, global integration, structure of globalization, or global institutions. In each of these, the term globalization is insufficiently precisely and unequivocally defined; therefore, its meaning remains somewhat vague. It is clear, however, that the meaning and the usage of the term range from different forms of interdependence between nation states and national societies, which are part of the modern world, to the meaning of the world as a “global village“. Several different general theories on globalization have been proposed. They are mainly concerned with future existence of the nation state and national law, but also with the future existence of international law which is still centered around a nation state. In simple terms, some theorists claim that globalization will not lead to dissolution of the nation state and national law, whereas others argue that it inevitably leads to cretion of world government, cosmopolitan government and cosmopolitan law which will mark the end of national law in modern state and international law as we know it today. National law is to a certain extent correlated to the nation state. It has been developed as a manifestation of state sovereignty of national state from its outset onwards, in the form of a system of general and special provisions which govern all social relations and social processes significant to national society in compliance with the system of values accepted by that society. Therefore, one of the major tasks of general theory of law is to examine how the process of globalization affects national law, its subject matter, scope, sustainability, independence and uniqueness. This paper offers a limited insight into possible answers to the questions raised.

  • Issue Year: LVI/2017
  • Issue No: 76
  • Page Range: 51-68
  • Page Count: 18
  • Language: Serbian