Global Justice and Transnational Legal Mobilization

5 fév 2024 - 16 fév 2024

Course in the Module "The Sociology of Litigation and Dispute Resolution" (3 ECTS)

I. Introduction
One of the phenomena accompanying and conditioning globalization has been the increasing
importance of law for shaping and maintaining social relations. For example, human rights and
global constitutionalism have become tools for framing the relationship between the individual
and the state. International investment law has become a frame for limiting the state's ability to
act against some economic actors. This simultaneous growth and fragmentation of transnational
law have had significant consequences. The first was the social movements felt the obligation
to translate their political demands into the language of laws. The politics of rights has become
an integral part of everyday politics. The second was the practice of viewing local problems in
a global context. The dense network of economic and trade ties and the activities of
international organizations have resulted in widespread transplantation of laws and migration
of institutions. Thus, the courtroom became a locus of vocalizing, channeling, and structuring
social conflicts.
This course aims to reflect on the role and importance of international law and
transnational legal mobilization for global justice. The idea of the course is based on the
assumption that contemporary social mobilization for global justice not only uses but is
also structured and restrained by international institutions and legal rules. Just as the "law
and political economy" movement proclaims the constitutive role of law for economics (not
just as a negative constraint) so global social movements are constituted by international law.
The sessions are divided into three modules:
I. Global justice and legal actions
II. Actors and tools
III. Specific rights in a global context (case studies)