The Role of Law in Counter-Hegemonic Globalization and Global Legal Pluralism: Lessons from the Narmada Valley Struggle in India
2005; RELX Group (Netherlands); Linguagem: Inglês
ISSN
1556-5068
Autores Tópico(s)Historical and Contemporary Political Dynamics
ResumoThe multiplication of legal orders is characteristic ofwhat one could call anage of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative orderwill best advance cosmopolitan goals such as human rights.
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