Monday, December 21, 2009

Ginsburg: Eastphalia as a Return to Westphalia

Tom Ginsburg (Univ. of Chicago - Law) has posted Eastphalia as a Return to Westphalia (Indiana Journal of Global Legal Studies, forthcoming). Here's the abstract:
Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational institutions reaching deep into the way states govern themselves and treat their own populations. Eastphalia may be Westphalia without the universalism—a kinder, gentler Westphalia.