Garantía de la identidad de los ordenamientos estatales y límites de la globalización

The issue that the legal and political debate raises about globalization in a recurrent way is the transcending of the State and the traditional concepts bound to it: sovereignty, territory and hierarchy of pieces of legislation and sources (particularly the law as a main source of production and regulation of the normative system). All of them are categories that have been partly altered by the globalization phenomenon which in turn has brought about, without doubt, relevant transformations in areas such as market or the diffusion of technologies. However, from a legal and political point of view it has not lead to the creation of a unitary space in substitution of the State or even of the conventional model of state (democratic) as a form of the political power and of the notion of sovereignty. Although it is true that nowadays we are witnesses of the difficulty of the states in developing ways of control capable of meeting the collective interests (such as the protection of environment or of the ecosystem, the security facing terrorist treats or attacks), we can not deny that it is often the State the one who facilitates the opening . In this way it becomes the protagonist in the processes of internationalization. Therefore the debate between globalization and State should not be started in terms of tenseness or of utter diversification, but in terms of integration, collaboration and complementation.