Bhumi Soni A-24 Law & Justice
Bhumi Soni A-24 Law & Justice
Bhumi Soni A-24 Law & Justice
Research Paper on
Globalization Impact on Nationalism
Submitted by
Bhumi H. Soni (A-024)
Date: 20/09/2019
Signature:
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Introduction
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Globalization has made the world less pluralistic, and the global
community's homogenization has had a major impact on the 21st century
nationalism. It is essential to evaluate the connection between nationalism
and globalization because of the differing views on the impact
globalization has had on nationalism; it also makes it simpler to evaluate
prevalent social patterns resulting from the relationship between
nationalism and globalization.
1
Definition of nationalism according to Merriam-Webster dictionary
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century, for example the borders issues between nations i.e. India and
Pakistan fighting for Kashmir territory. Thus nationalism has a long
history, even before the concept of globalization. it has always been
something that people fight for as nationalism proclaimed to be the goals
of states that seeks the future interest in order to galvanize public opinion
in support of their aims.
GLOBALIZATION
The term globalization has been assigned many different definitions and
its rather used in interchangeable phrases-based om the context.
According to black law dictionary globalisation is “Economic, financial,
trade and communication integration moving worldwide”. Globalisation
has been “moniker of the 21st century, where we have seen much more
interaction between people across the globe through avenues such as
social media and international economic interdependence. The term
‘globalization’ has become everyday terminology in our contemporary
world.”
On the other hand, globalization is an on-going process of integration of
regional economies into a global network of communication and
executive. The supporter’s states that globalization leads to increase the
Growth per Capita and trade, employment and, per capita income of
citizens of developing nations.
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RESEARCH METHODOLOGY
AIMS AND OBJECTIVES
This paper aims to address the following
To understand the concepts of nationalism and globalization
To understands the nexus between globalization and nationalism
To analyse different theories and its effect on law
To study in detail about various cultural, economic and social effect
caused by nationalism and globalization.
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providing multiple examples across the globe, it maintains a wide
dimension and generalizes the content.
RESEARCH QUESTIONS
DIVISION OF PAPER
This paper is divided into 5 parts to achieve its aims and objectives, and the
research question as highlighted above, the division is as follow:
1. It broadly clears the concept of nationalism and globalisation, history of
nationalism, globalisation positive and negative view on nationalism
2. The second part consists of globalisation theories and its aspect of law
beyond the state and how globalisation lead to emerge new laws.
3. The third part deals with the nexus between globalization and nationalism
and tries to resolve research questions.
4. The fourth part discuss the issues faced by the investors due to constant
battle between globalization vs. Nationalism. The paper also addresses
youth and analyses the views on globalization and nationalism among
young people.
5. Lastly, the article concludes by offering an opinion that both nationalism
and globalization have a significant role to play and that no element can
rule lap each other.
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Sources
Primary Source
Transitional laws
United Nations guidelines
Historical study of nations
Secondary source
Scholarly Articles
Newspaper
Research papers
Journals
Method of writing.
The method adopted for writing is observational as well as analytical.
Mode of Citation
The mode of citation used is Blue Book Style of Citation.
2
Edison A. Jamli dkk.Kewarganegaraan.2005
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disseminated throughout the process of globalization. Therefore, we can
not prevent its existence. Similarly every coin has two sides , globalization
being an essential factor in todays world’s.
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Increase the positive reaction to the state in the form of a sense of
nationalism.
2. The aspect of economic globalization, opening up global markets,
increasing job possibilities and increasing foreign exchange leading to
a rise in the financial lives of countries supporting the nation's
domestic life.
3. The socio-cultural aspect of globalization we can imitate the pattern of
thinking that good as a strong work ethic and discipline, as well as
science and technology from other countries that have been created to
enhance the advancement of the country, which in turn will encourage
the country and reinforce our feeling of nationalism for the country
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However, a feeling of nationalism can be decreased or lost to the country
as a whole.
As globalization can open global community horizons. What is considered
good abroad gives the aspirations of our society in our country to be
applied. It will trigger a dilemma if it's there. If it is not achieved, it is
considered not to behave in aspirations and anarchists that interfere with
domestic stability, national security and even domestic unity.
3
RO Keohane and JS Nye, Power and Interdependence (Upper Saddle River NJ, Pearson, 1 st edn 1977,4th edn
2011).
4
D Held, A McGrew, D Goldblatt, J Perraton, Global Transformations: Politics, Economics, and Culture
(Stanford, Stanford University Press 1999) 14-28.
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characterized by four elements. The first three of these concerns’ global
transactions, and in particular their extensity, intensity, and velocity.
Extensity defines the cross-border and distance stretch of operations.
Intensity defines the interconnection magnitude inherent in these
operations. Velocity explains how these transactions have gained speed if
a letter from India to the U.S. took a week, and a fax of ten minutes, an e-
mail comes immediately today.
It is not just uniformity of globalization, while it has increased interaction
and competition can sometimes lead to uniformity of culture, policies,
and laws such uniformity remains always biased. In reaction to concepts
of an "end of history," academics discovered that in distinct capitalist
countries there are viable " varieties of capitalism" in different capitalist
countries.5
2. Globalisation as theory
Several theories of globalization exist, they often have common views
which has dominated social and legal thought over the centuries. As a
theory, globalization explicitly denies such nationalism and seeks fresh
methods of theorizing both society and law. “Halliday and Osinsky, who
derive explicitly from the four variables of Held, differentiate four such
interpretations which are simultaneously models of social theory”6
1. The polity of the globe, the concept of global convergence. Such
convergence includes the law, which converges officially either through
enhanced global and supranational legislation or informally through the
dissemination of legislation and best practices.
5
PA Hall & D Soskice (eds), Varieties of Capitalism: The Institutional
Foundations of Comparative Advantage (Oxford, Oxford University Press, 2001).
6
TC Halliday and P Osinsky , ‘Globalization of Law’ [2006]32 Annul Review of Sociology 447.
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2. The second model is what they call analysing the world system the
concept of hegemonic nations and actors preventing worldwide standards
from developing.
3. Postcolonial globalism, the insight into the energy imbalances between
strong and less powerful nations, is their third model. Its result is that in
the North, law is viewed as neutral and objective, which generates and
enforces it, while for performers in the South it often appears fragmented
and oppressive.
4. Finally, the fourth model is law and growth, law reform assessment in
developing nations, affected by growth.
3. Globalisation as Ideology
Globalization as an ideology is closely related as reality and theory to
globalization. In the light of existing empirics and theory, ideologies are
not only formulated. Moreover, both the ever-closer world community and
the rise of neoliberalism are often described as inevitable effects from the
current state of the globe.
Interestingly, this is so among both these ideologies ' proponents and
opponents. But to say that such necessitarianism is wrong, or at least too
simplistic, seems to be reasonable. This is not only because the future can
never be expected accurately (this is, if anything, even more real today
than it has ever been due to the increasing speed of globalization).
Moreover, two things are ignored by such necessitarianism.
One is the range of alternative trends that are feasible, both theoretically
and practically alternative globalizations, alternative constellations. The
other is the degree to which globalization is of nature, but a human agency
structure even if that agency is decentralized and plural and thus also, to a
large extent, of law. This does not imply that as an ideology we must
dismiss globalization. Quite the opposite, if it is true that we must
radically rethink the function and shape of the law in our evolving culture.
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LAW BEYOND THE STATES
1. Territory
We assume that the laws of a state apply only within its borders and
similarly, here the laws of no other state apply. As long as national
operations are at risk, this is the scenario. But it was even true, in general,
for government and private issues international law.
The concept of territorial integrity and exclusive jurisdiction continues
strong in government global law although it enables for exceptions, and
while the concept of territoriality has been improved to include
interterritorial behavioural impacts that have taken place elsewhere.
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For example, it is the universal acceptance that the state has the
jurisdiction on the territory of the state and its comprising borders. The
matters related to any legal wrong, torts and as provided within the
constitutional limits. Contradictory to this, after World War II there are
bodies i.e. United Nation, World Health Organization etc which have
emerged as universal bodies where states have become members and
every signatory state have to abided by the rules and guidelines given by
such international bodies. In the scenario of globalization central i.e. state
has become less important.
The issues which are ongoing since ages on matters related to water
bodies, military the ongoing issue between Israel and Palestinians over
territories authorities, Senkaku islands which are heavily disputed
between China and Japan and many such have all gain international
aspects of law. Thus, the problems between states and its territory relation
have merged as an international and humanitarian group in the globe.
2. Population/ Citizenship
Globalization has an impact on this allegiance and identity as well. A first
impact concerns the sharp increase in global migration. Migration takes
place both amongst the rich and well-educated and the poor.
As a consequence, in many countries, large parts of the population are of
foreign nationality. The law is an enabler of such migration making
immigration easy for highly coveted high performers, but regulating
immigration as well. And the law draws effects from its populations '
increasingly multinational character. First, most countries have facilitated
access to citizenship at least for highly-qualified desirable individuals
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Thus, national identity turns from a matter of destiny into a matter of
choice, also shifting the basis of allegiance obligations.7
Second, multiple nationalities are gaining increasing acceptance the old
idea that only one master could serve is giving way to the recognition of
multiple national loyalties. Third, ‘foreigners and citizens alike are being
given more and more constitutional rights. Using the triad of rights as
civil, political, and social rights ‘by Marshall8, we can see that more and
more civil and social rights are being extended to foreigners. In the
European Union, members of other EU countries are now sometimes
granted even the core political right to take part in elections, at least for
local elections. As a consequence, national citizenship's relative
importance declines9.
Another impact of globalization concerns non-state identities. Together
with the transformation of the state, multiple identities and allegiances of
which national identity is only one are becoming increasingly important.
Pierre may not only identify as a Frenchman, but also as a business
consultant, a vegetarian, a conservative, a Catholic, a chess club member,
a Berber, and so on. States often recognized such non-state identities
through law.
3. Government
The state operates through elected representatives and forms the
government, the state has the authority to lay down rules and binding
legislation. The states have a monopoly in creating and enforcing the
legislation. The government has the authority to punish for the
government breach. But what is the function of globalization in this
7
E Kofman, ‘Citizenship, Migration and the Reassertion of National
Citizenship’ (2006) 9 Citizenship Studies 453.
8
TH Marshall, Citizenship and Social Class and Other Essays (Cambridge:
Cambridge University Press, 1950).
9
R Falk, ‘The Decline of Citizenship in an Era of Globalization’ 4 Citizenship
Studies 1 (2000)
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factor? The most significant factor comes from the factor of
globalisation's interdependence.
There are more global institutions law making bodies that make universal
legislation [ united nations]. State no longer possesses absolute
legislative discretion. Such collaboration, however, does not necessarily
restrict the efficiency of a state. Quite the contrary, for dealing with
transnational problems, multinational collaboration often seems
necessary. Properly, we are not talking about a decrease in sovereignty,
but about "fresh sovereignty".10
A second most significant aspect is based on non-state norms that
frequently question religion, ethnicity, economic, etc. elements. It has
become fashionable to considered state as “global legal pluralism”. This
often means the suggestion that we need social realities to extend our
often-exclusive focus on state law and also call other things legislation:
subnational, domestic, supranational (international) and non-state law.
The government must make all the measures and must comply with all
the laws and rules that the global bodies have reappointed in order to
preserve world peace and harmony. Globalization therefore has a
significant role to play.
10
A Chayes and A Handler Chayes, The New Sovereignty: Compliance with
International Regulatory Agreements (Cambridge MA: Harvard University Press 1998).
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REALTION BETWEEN GLOBALIZATION AND NATIONISM HAVE
DMISHED EACH OTHER OR GO HAND IN HAND ?
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organizations, loss of components of state sovereignty, sophisticated
technology, and simple mobility of individuals around the world"
(Campe, 2008).11
In addition, nationalism has been further reduced in the international
system by the emergence and growing impact of supranational
organizations. Organizations such as the European Union (EU) have
enabled individuals to define themselves as post-national citizens. The
E.U. The concept of a homogeneous Europe has been increasingly
promoted and more and more individuals have started to identify
themselves as "European” Instead of being a citizen of one nation,
transforming the notion of one country's citizenship and encouraging
pride among countries. The homogeneous element of culture and its
advancement in the globe by providing pride to the country has
diminished its importance as the heterogeneous factor emerges as the
immigrants travelled from the 3rd world to the western nations,
threatening cultural values and growing globalization.
“The tiny community and tradition's protective structure replaces these
with many bigger impersonal organisations. In a globe where he or she
lacks the psychological assistance and the feeling of safety supplied by
more traditional environments, the person feels deprived and alone”
(Giddens: 1991 cited in Kinnvall: 2004).12
As a result of globalization, the enhanced flow of capital, individuals and
customs has called into question the position of modern nationalism. Due
to the magnitude to which globalization happened in the 21st century,
globalization and nationalism have had a mainly modern rift. Such
enhanced globalization has challenged what it means to be a state citizen,
11
Campe, Ch. (2008). Globalization and its effects on Nationalism.
12
Kinnvall, C. (2004). Globalization and Religious Nationalism: Self-identity and the Search for
Ontological Security. Lund University.
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whether or not the state still has unique cultures, and to what extent
separate domestic boundaries are still applicable.
Citizens are permitted to put freshly learned cultural methods into their
daily life, which in essence corrodes their own connections with their
domestic culture. As a consequence, the domestic culture as a whole
undermines the ideology of nationalism. The cultural ties that enable
nationalism to happen were probably made obsolete in the 21st century.
13
Natalie, S. (2010). Chapter 6. Globalization and Nationalism: the Relationship Revisited In:
Globalization and Nationalism: The Cases of Georgia and the Basque Country [online]. Budapest:
Central European University Press
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recognition ,securing guarantees. This means that nationalism acts as "a
doctrine that sets the game's fundamental guidelines for any motion that
seeks to obtain or retain political authority" (Benner, 2001). Cultural
politics serves power politics in this regard, and thus nationalism and
globalization can and do coexist together (Natalie, 2010).
In the 21st century as cultural factor is heterogeneous and each one is
exposed through globalization to the socio-cultural factor. In this
situation, exposure to various cultures creates promotion within
communities of distinct cultures and encourages nationalism. In today's
globe, connecting with each culture through the use of technology has
become simple which has given rise to nationalism. More and more,
multiculturalism has become viewed in society as a negative rather than a
beneficial element.
Perceptions of cultural threat brought about by globalization have
apparently made individuals more adherent to their culture's stereotypes
in hopes of stopping their demise.
Globalization has increased economic interdependence, but economic
interdependence has simultaneously decreased, is not always the case.
For example, throughout the West, we have started to see critiques from
working-class people who feel like globalization has left them behind.
The growth of transnational corporations has resulted to the outsourcing
of low-skilled production employment that employed many individuals in
the West. Globalization is recognized as a damaging goal by this class of
individuals as they have lost their feelings and employment through the
process.
For instance, as we saw in the 2016 presidential election, many
Americans resent the fact that American manufacturing jobs were
outsourced to individuals in underdeveloped nations: "The impacts of
economic globalization and the comparative decrease of American
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domination in world trade and worldwide economic output have left
millions of American employees unemployed. The overwhelming sense
of employees in the U.S. being "fucked" by globalized trade agreements
and the simultaneous threat to American financial stature has revitalized
economic nationalism within our own nation.
In terms of its efficiency, globalization has also placed the nation-state
itself under the microscope at the moment. In the past, globalization has
been more comprehensive than globalization in the 21st century.
In the context of global politics, the concept of the nation-state itself
becoming outdated invariably invokes nationalist feelings as a protective
mechanism against one's nation being dismantled. In this respect,
nationalism is boosted by appeals to the concept that the nation-state
should have the ultimate say in its affairs and should not be subjected to
the power of any external government that hopes to infringe its
sovereignty. Citizens coalesce in an attempt to fight this kind of global
imperialism through nationalism.
“Nationalism arises as a cultural doctrine aimed at preserving and
promoting a nation's identity, culture and independence. Smith (1991)
and Tamer (1993) support this perspective when she says, "National
movements are driven by a willingness to ensure the presence and
thriving of a specific society in order to maintain its culture, tradition and
language" (Natalie, 2010, P.170).”
There is more modern empirical evidence of rising rather than reducing
nationalism. The increase of right-wing extremism, as we have seen
throughout the West, was mainly due to appeals to nationalism, the idea
of the former grandeur of the nation, and the need for cultural and
financial reconstruction. Thus, nationalist groups that want to maintain
their identity fight back against globalization's destructive agenda.
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Ultimately, globalization, seeking a worldwide society without domestic
obstacles, effectively feeds an increasing feeling of nationality.
A. Global Investors
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“"The speed of capital and data flows is unique to this present stage of
globalization, making it more difficult than ever for governments to
maintain pace with the possibilities and difficulties that result, “said
Nathan .Sheets, head of global macroeconomic research at PGIM Fixed
Income. “Investors need to understand how companies might benefit
from globalization or handle backlash by a government.”
B. Youths of the Nation
The Effect of Globalization on Nationalism Values Among Youths
Globalization has engulfed society so rapidly, particularly among young
people. Globalization's impact on youth is also very powerful.
Globalization's impact has gone us lose many young individuals as an
Indonesian nation character. This is shown by the symptoms that occur in
today's young people's everyday life.
From how many of our adolescents dress up like celebrities that tend to
Western culture. They use minimal materials for clothing that reveal
areas of the body that should not be noticeable.
Clearly, in terms of dress code, our culture does not fit. Not to overlook
the different colours of their hair style. Briefly, if individuals prefer to be
someone else with a manner to cover up their identity. Not many
adolescents who want to maintain the national cultural heritage by
wearing polite clothes in accordance with the nation's character.
Internet technology is an infinite information technology that can be
accessed by anyone. What else has become their daily meal for the young
Internet. Naturally, if used correctly, we get a helpful advantage. But if
not, we're going to lose. And now, a lot of learners who use the wrong
thing.
For instance, opening a porn site. Not just the internet alone, mobile
handling of them is again required. Community social sense becomes
non-existent as they prefer to use the phone busy.
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Judging from the attitudes, many young individuals do not understand his
conduct and there is no feeling of care for the setting that tends to be
ignored. Because globalisation, in order to behave at will, embraces
liberty and openness. Real examples of motorcycle gang youth
committing acts of violence that disturb society's peace and comfort.
If the impacts on the left are not what the youthful generic will become?
Moral generation becomes corrupt, youth-group anarchic action.
Relationship to nationalism's significance will be decreased because there
is no feeling of affection for the culture and feeling of caring for the
society of his own nation. While the younger generation succeeds the
nation's future. What are the implications if the nation's successor has no
feeling of nationalism?
More than the beneficial impact, based on the assessment and description
of globalization's adverse impacts. The required measures to anticipate
the adverse effect of globalization on nationalism's value are therefore
essential.
Negative Effect on Nationalism Value Steps to anticipate, among other
things, the adverse effect of globalization on nationalism values, namely:
1. Promoting a powerful nationalism spirit, that is, the spirit of national love
products.
2.Inculcate Pancasila's values and exercise them best.
3.Incorporate and execute with the best the teachings of religion.
4. Implementing and enforcing the law within the significance of reality and
as reasonably as possible.
5. Selective on the political, ideological, financial, social and cultural effect of
globalization.
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It is expected that the anticipated measures will fend off the effect of
globalization that can change the nation's value of nationalism. So, we're not
going to lose the nation's character.
Conclusion
To conclude, this paper stated that every coin has two sides so does the
aspect of globalization, and that under globalization there has been a
marked increase in nationalism and also decline in growth of nationalism.
The increasing globalization and the changes it has brought to the globe,
minorities, nationalities and localities have awakened to the threat of
globalization and become more conscious of it. This risk occurs in the
globalization's homogenizing nature This has resulted to an enhanced
sense of nationality as a reaction to the power of globalization in order to
safeguard cultures, traditions, and nationalities that melt or embrace the
new structure of the globe created by globalization.
Nationalism, however, has developed xenophobia in which individuals
fear that, faced with globalization, their nationality and traditions will
vanish. They therefore generate or invent traditions or re-establish ancient
traditions in which they preserve their identity.
"Xenophobia is written in the core of nationalism" (Delanty and
O'Mahony, 2002, P.167), as Deutsch mentioned. Fearing the strength of
globalization has thus resulted to an enhanced sense of nationalism and a
more defensive way of protecting or even inventing traditions just to
withstand globalization.
On the other side, globalization can be seen as a challenge to nationalism
in the manner it improves immigration and people's movement, which
could generate fresh sources of tension and pose fresh challenges to
cultural and ethnic diversity leadership (Natalie, 2010). Other threats
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include involvement in international organizations and the loss of
components of the sovereignty of a state over its own land, as well as
regional integration that erodes nationalist ideology. This reasoning may
seem persuasive and well argued, but there is proof to the contrary.
For instance, the EU is an international organization, while strengthening
Europe at the same moment.
Many characteristics of nationalism appear to have been resurrected in a
globalized globe. Increasing movement of migration promotes
xenophobia among individuals. Mixing cultures and newly evolving
hybrid cultures makes it difficult for individuals to discover their identity
and allow them to switch to their own culture (Campe, 2008).
Globalization, it is true, has the ability to contain aggressive nationalism
thriving on isolation and insecurity. It also generates incentives due to
inclusion to resolve and prevent conflict. At the same moment, however,
it produces nationalist reactions in the form of right-wing radicalism or
religious fundamentalism reacting to certain elements of globalization
such as immigration and the restructuring of traditional economies
(Sassen, 1998).
Thus, in the twenty-first century, where the world is connected by
technology and growing globalization in every aspect, world currency,
humanitarian legislation, standardized banking and accounting systems
where all elements become uniform, i.e. globalization, maintaining the
domestic domain and maintaining its cultural and traditional have become
a task.
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BIBLOGRAPHY
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13. Godfrey, C. (2008). The struggle between nationalism and globalization Available
at: http://www.newrightausnz.com/2008/08/27/the-struggle-between-nationalism-
globalization-part-1-by-colin-godfrey/
14. Sassen, S. (1998). Globalization and Its Discontents. New York: New Press.
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