Abstract

JIMENEZ, WILLIAM GUILLERMO. TERRITORY AND STATE: CHANGES AND CHALLENGES IN THE GLOBALIZATION OF LAW. rev.relac.int.estrateg.segur. [online]. 2014, vol.9, n.2, pp.119-141. ISSN 1909-3063.

Globalization is making strong pressure on the Nation-state as the prime unit of creation and application of law, challenging traditional temporal, spatial and conceptual boundaries thereof. The aim of this paper is to establish the effects that the process of globalization of law creates in the relationship between state and territory. This is a qualitative study performed by the techniques of documentary review, interviews, direct observation and case analysis, using both primary and secondary sources. It concludes that although the Nation-state has weakened in its classic elements, it remains important and can assume three types of function against globalization (hinge state, anti-system state and guarantor state); concerning the legal relationship between state and territory, it is noted an upgrading of the idea of territory as area of state jurisdiction, although, on the other hand, there is a stress of territory understood as an essential element of the state.

Keywords : Globalization of law; Nation-state; territory; international courts; normative pluralism.

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