
The “local / global” dichotomy as a fundamental concept of the acquisition of international legal personality by a territorial community
Author(s) -
Denis Bobrovnik
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.10
Subject(s) - globalization , contradiction , internationalization , sociology , context (archaeology) , international law , political science , order (exchange) , law and economics , law , political economy , economic system , epistemology , economics , international trade , paleontology , philosophy , finance , biology
The article examines the “local / global” dichotomy as a fundamental concept of the acquisition of international legal personalityby a territorial community.It is argued that such a dichotomy is based on the trend of internationalization of the constitutional order of states and the cons -titutionalization of modern international law, which lead to close ties, interaction and mutual penetration of national constitutional andgeneral international law.It is proved that the global / local dichotomy, which is designed to characterize the spatial systemic characteristics of modernsocial interaction, is not only a methodological basis for the concept of “globalization”, but also an important conceptual and theoreticalguideline of the concept of “localization”, emphasizing the special role of local government and territorial community. in borrowingand transforming the factors of globalization to the local level of existence of society.Emphasis is placed on the fact that given the clearly insufficient level of research and doctrinal support and provision of the global/ local dichotomy, it is characterized by an appropriate level of illogicality and contradiction – due to diametrically opposed authorialpositions, which sometimes leads to completely different definitions and understandings of global and local.The analysis of the causes and context of the formation of the dichotomy on the example of the territorial community shows that“local” and “global” are not oppositional components of the world order, but are an integral part of both this order and each other, they are mutually determined and complementary – resulting in the growth of community participation in global processes, which in factforms their respective partial international legal personality, which finds its fixation in international treaty law.It is pointed out that the tendency to solve the global / local dichotomy is the emergence of the phenomenon of glocalization,which not only chaotically but then organically combines the parametric features of both states, but also accordingly “tightens” theimportance and role of the territorial community. at the local level of society in its existence and functioning, at the global level of mea -surement, which accordingly justifies giving them international legal personality.It is summarized that the example of the existence and functioning of territorial communities in their historical, geographical,resource and other dimensions shows that it is due to changes in the conditions of functioning of “local” appears “global”, and it iswithin the “global” there is currently any which is “local”, actively influencing it –so people, their groups, associations, their socialenvironment – is “local” in its physical nature, but the social practices of these subjects in the conditions of modern permanent changesare transformed into “global”.