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Capsule Review

Law in an Emerging Global Village: A Post-Westphalian Perspective

In This Review

Law in an Emerging Global Village: A Post-Westphalian Perspective
By Richard A. Falk
Transnational Publishers, 1998 265 pp. $30.00 Purchase

An exciting exploration of the new frontiers of international law. Falk, a leading legal scholar, argues that traditional international law based on the sovereign territorial state is now changing as the faint outlines of a new global jurisprudence emerge. Economic globalization is the key agent of change, reshaping state-society relations and creating new regulatory imperatives as transnational constituencies search for rights and protections not secured by states. Falk discusses how international citizenship rights embedded in traditional interstate law (e.g., the U.N. Charter) can help global civil society expand its influence and protect basic human rights by appealing to supranational law. He also assesses the emerging realms of international legal authority in existing declarations related to humanitarian intervention, the status of nuclear weapons, and the law of the sea. The book leaves unresolved one puzzle: Might states, already buffeted by globalization, actually ally with civil society in crafting international law to tame economic change and secure some measure of global governance?

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