Globalization on a Crossroad: Fragmentation versus Integration at the Current Crisis of the International Constitutionalism
Globalization opened new perspectives for the legal development and its theoretical reinterpretation. The theory of global law reflected this new reality - postulated convergence of two traditional forms of legal regulation – international and national law, - in a new type of law, defined as global, supranational, transnational constitutional law. But in the current period of the pandemic crisis, followed by economic recession, ecology disputes, migration conflicts and other problems in cross-national relations it become evident, that legal globalization reached its natural borders, and opened the way to quite opposite trend – the growing fragmentation in international relations and legal regulation, producing populist demands to reestablish regional legal identity, national sovereignty and return of control from supranational level to national governments.
The author has focused on the concept of Global constitutionalism under the ambit of several dominating jurisdictions –USA, European Union, Russia, China, Post-Soviet region and new trends in some developing countries. He analyses the crisis of the legal globalization as a conflict of competing trends in global constitutionalism – integration versus fragmentation, transnationalism versus nationalism, liberal democracy versus populist “protective state” regarding the theoretical approaches, implicit logic of contested views and narratives as well as possibility to find compromise between them. He shows how the unstable balance between integration and fragmentation of the international legal system in the period of crisis could be used for the promotion of quite different visions of globalization, stimulating the growing competition of the world elites over future global governance design, and demonstrating the importance of the substantiated dialog on a new concept of the global constitutionalism and the coherent policy of law.