Abstract
This article presents a notable effect of globalization on national legal system leading to harmonization of laws, focusing on legal globalization and legal systems across different nations. It explores the historical development of Indian legal system and types of laws in Indian legal system. The Indian legal system basically governed by the Constitution of India, it elaborates the structure of Indian judicial system and challenges. As the nation’s interrelation with each other become more and more, there arises a need to align one nation’s legal system with the global level grade in some areas of broader concern such as trade and commerce laws, environmental laws, international Labour laws, human rights laws etc. In these kind of alignments, the international treaties, international organizations and conventions play a vital part in modifications of own legal system to sync with the global laws. However, not every nation can change or modify their laws according to the terms of the treaties as there is not much resources, economic restrains, cultural restrains or political interference which hinders the process of internationalization of legal system. The people of a developed nations are more likely to accept the change or modifications in the laws if the law didn’t interfere in their personal or human’s rights, but the people of developing or least developing nations often rejects the idea of worldwide internationalizing as they thought that cordiality of laws snatches their cultural beliefs or values of a particular nation and the citizens can lose their identity and national sovereignty. The wheels move towards wider aspects of globalizing the laws or judicial systems in various ways to facilitate worldwide cooperation, peace, and harmony among the countries and the citizens of different nations.
Keywords: Globalization, Legal globalization, legal systems across different jurisdictions, World Trade Organization, Conference of Parties for climate change.
Introduction
Globalization[1] is the term used to define the interconnectedness and interdependence of the global economies. Its scope is extended to the cultural, ethnic and social lives of the people around the world. Through internationalization the exchange between trade and commerce, technology, knowledge or innovation etc. become very easy and approachable throughout the globe. Globalization traces back its root to the ancient culture where various kinds of trade routes were built for easy convenience and exchange of goods. Example: Silk road was built across China, Central Asia and the Mediterranean between 50 BCE to 250 CE.
Around the 18th century when the fire of “Age of revolution” spreads across the various continents and ideas of ‘Liberty’, ‘Equality’ and ‘Fraternity’ comes to the awareness, the waves of industrialization thus, globalization comes to the view. Since then, the globalization has affected the numerous aspects and dimensions of the society, polity, economy, judiciary, administration, environmental etc.