Influence of the International Law in the Era of Globalization between the United States and China

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International law has had a great impact in countries such as the United States and China. It has allowed their economies to integrate, thus created a single market thanks to processes regarding the flow of information and goods. International law allows free market access and gives rise to the appearance of legal standards that are adapted to their trade (Chen, 2016). However, these world powers have recently entered a trade war that has negatively affected their bilateral and multilateral relations due to the lack of cooperation, which has greatly affected their markets and economies, both nationally and globally (Liakopoulos, 2019).

For this reason, international law today plays an essential role: it is extremely necessary for international institutions and bodies to act for and improve the relations established by the States  (Scott, 2012). Institutions have the objective of reducing and mitigating discrepancies and confrontations, granting stability in terms of joint peace and harmony, allowing the market cycle not to slow down and continue to be integrative under international legal regimes and their own jurisdictions (Vyver, 2015).

Globalization is an established reality today and it has occurred in various aspects of the world scale. It allows the world to be increasingly reduced and intertwined by ending any distance and barrier that may arise (Globalization, 2009). Regarding globalization, what role has international law played inside the relationship between the United States and China? The issue of international law cannot be reduced to these two great powers, since it is really an indispensable actor in regulating the links among many countries in the world and to establish treaties of mutual agreement under the legal jurisdictions of States (Etinski, 2016).

 To access the authority or jurisdiction of the countries, it is necessary to act under international policies and acts. Such standards need to work multilaterally between powers, such as the United States and China,  to generate cooperation, in order to create a single market. (Justice, 2020).  It seems evident now that it is necessary  to unify their legal regimes and create a trade policy based on openness within their markets, since it generates economic development, provides greater competitive advantages with other states, which are fundamental in the accelerated movement of globalization (European Insitute, 2014). However,  China, had initially flatly refused to join the international judicial structure of the United States (Atkinson, 2016).

That is why both China and the United States decided to join an international community in order to create a single policy that can help their governments to cooperate (Mallol, 2010). To comply with such goal,  they grant part of their legitimacy to bodies and adjust their external relations to international law (Heller, 2019). This way, by granting legitimacy to financial institutions, the United States and China have been able to generate a greater merge with each other. Such bodies  seek to guarantee to understand how donor governments can work to support and improve international response to humanitarian crises, aid financing mechanisms, and Millennium Development Goals” (Garrett, 2010). Even though this process has been essential to generate great development for both countries, it has also served to increase the entire global economy. (Steinbock, 2019). i

It is worth noting that international organizations can affect the jurisdiction of both States, so that they are no longer independent and voluntary. That has resulted in trade tensions that have affected their international relations, because they have signed contrary regulations that benefit them  individually (Law, 2019). An example of this situation are the opposing regulatory guidelines that the United States and China have fostered, , hampering the optimal commercial environment, affecting the entire international community (Ogden, 1976).

For this reason, the question of international law is essential for the joint development of  these countries (Clapham, 2018) and provide harmony between their states without affecting the international system. If the aim of the Staes is obtainingdifferent individual advantages strategically, that can cause partial loss of human rights and sovereignty of both states (Atilgan, 2018). Therefore, it is necessary to have a set of international legal standards to promote the general global harmony of the binding States and all others in general

References

Atilgan, A. (2018). Springer link. https://link.springer.com/chapter/10.1007/978-3-662-55647-4_2

Atkinston. (2016). Globalization 101.  https://www.globalization101.org/international-law-introduction/

Cai, C. (2019). The Rise of China and International Law: Taking Chinese Exceptionalism Seriously. New York: Oxford University Press.

Chen, L.-c. (2016). The U.S.-Taiwan-China Relationship in International Law and Policy. New york: Oxford Scholarship.

Clapham, A. (2018). https://www.business-humanrights.org/sites/default/files/reports-and-materials/Globalization-and-the-Rule-of-Law.htm

Etinski, R. (2016). International law and the rule of law. https://www.researchgate.net/publication/312353577_International_law_and_the_rule_of_law.

European Insitute. (2014). https://www.fichl.org/fileadmin/_migrated/content_uploads/140224_EUI_Research_Themes_and_Projects.pdf

Garrett, B. (2010). Sino-American Relations in the Era of Globalization. science directas, 19.

Globalization. (February de 2009). Frederic Megret.  https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e939

Heller, H. (2019). The Claim of Sovereignty in International Law and against International Law.  https://www.researchgate.net/publication/333316797_The_Claim_of_Sovereignty_in_International_Law_and_against_International_Law

Justice, I. a. (2020).  https://www.un.org/en/sections/issues-depth/international-law-and-justice/index.html

Law, I. (2019). Globalization 101.  https://www.globalization101.org/international-law-introduction/

Liakopoulos, D. (2019). Development and Critics of Effectiveness Principle. Sequence.

Mallol, B. (2010). Obtenido de https://www.tdx.cat/bitstream/handle/10803/32074/refgs1de1.pdf?sequence=1

Ogden, S. (1976). China and International Law: Implications for Foreign Policy. British: Pacific Affairs.

Scott, S. V. (2012). International Law, US Power . Cambridge: Cambridge University Press .

Steinbock, D. (2019). U.S.-China Trade War and Its Global Impacts.

Trindade, A. (2020). International law is strongly linked to globalization and this has been through time implementing different changes where it develops areas which allow it.  https://www.researchgate.net/search/publication?q=INTERNATIONAL+LAW

Vyver, J. V. (2015). The development of international law through the unauthorised conduct of international institutions. African Journals online