Berkeley Journal of International Law
Globalization represents the reality that we live in a time when the walls of sovereignty are no protection against the movements of capital, labor, information and ideas-nor can they provide effective protection against harm and damage.
This declaration by Judge Rosalyn Higgins, the former President of the International Court of Justice, represents the conventional wisdom about the future of global governance. Many view globalization as a reality that will erode or even eliminate the sovereignty of nation-states.
The typical account points to at least three ways that globalization has affected sovereignty. First, the rise of international trade and capital markets has interfered with the ability of nation-states to control their domestic economies. Second, nation-states have responded by delegating authority to international organizations. Third, a "new" international law, generated in part by these organizations, has placed limitations on the independent conduct of domestic policies.
Julian Ku and John Yoo,
Globalization and Sovereignty, 31 Berkeley J. Int'l L. 210
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