Globalization and Its Impact on State Sovereignty from the Perspective of Public Law

Abstract

It is often stated that globalization and state sovereignty are engaged in a zero-sum conflict. However, it must be emphasized that such an interpretation is merely superficial. The concept of globalization attracts significant attention precisely because the notion of sovereignty continues to maintain its intellectual and theoretical existence. According to this perspective, every conceptualization of globalization—even in its most abstract form—is inherently tied to the concept of sovereignty (Clark, 2003, pp. 171–172). Accordingly, it can be argued that the discourse between globalization and sovereignty is rooted in interaction. Nevertheless, while the sovereignty of states has, to some extent, been reinforced through a broader scope as a result of globalization, its fundamental components have simultaneously been questioned by the same process. Furthermore, the influence of globalization on transnational governance is a matter of considerable importance from the perspective of human advancement. As the development of the human sciences progresses and human societies increasingly gravitate toward globalization—and as this movement aligns with components of good governance such as justice and fairness—its expansion is becoming uncontrollable. The lack of a cohesive and meaningful connection between the disciplines of law and management has led to the emergence of certain unfavorable features in international domains and behavior. Although societal progress has alleviated this issue to some extent, there remains a considerable gap to achieving the desired position in the realm of international communication (distinct from diplomatic relations between states).