Eastphalia as a Return to Westphalia

24 Pages Posted: 19 Dec 2009 Last revised: 16 Feb 2010

See all articles by Tom Ginsburg

Tom Ginsburg

University of Chicago Law School

Date Written: December 19, 2009

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.

Keywords: international law, Asian law, human rights

Suggested Citation

Ginsburg, Tom, Eastphalia as a Return to Westphalia (December 19, 2009). Indiana Journal of Global Legal Studies, Forthcoming; U of Chicago, Public Law Working Paper No. 292. Available at SSRN: https://ssrn.com/abstract=1525822

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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