Globalization and the free market economy have resulted in greater communication and understanding amongst nations. More and more countries are signing economic treaties and entering into trade relations with one another so that they can progress at a faster pace. This has resulted in the growth of a sense of internationalism and the idea of ‘global justice’ amongst nations across the world. The concept of justice further developed with the growing requirement for redressal of grievances and ensuring human dignity is maintained.
One of the primary objectives of a global justice system is to uphold human rights. On a worldwide scale, while rendering justice, it is essential to take into consideration the uniqueness of various cultures and countries. Thus, global justice is unique, versatile and universal.
Some of the essential features of global justice have been discussed in the following sections.
Right from the beginning of civilization, man has tried to establish a rudimentary form of the legal system to ensure that human dignity was upheld. With the growth and diversification of civilizations the idea of human dignity changed as well. We can trace the origin of a form of global justice system back to the views of 17th-century social liberalist philosopher John Locke. He formulated the concept of religious tolerance, the rights of man and liberalism. Even the Declaration of Independence which laid the foundation of the idea that man is ‘born free’ and that the government's primary objective is to uphold peoples' rights, is inspired by Locke’s vision of liberalism.
All of these have been the cornerstone of the idea of global justice and a legal system that encompasses all democratic nations. It is from here that a global system of justice that takes into consideration the rights of human beings and by extension nations came into being.
Natural rights are inalienable rights of man which are like fundamental rights, as defined by the constitution of India. According to the famous philosopher Immanuel Kant, natural rights are people’s rights that are derived through reasoning and common sense. Legal rights develop from this notion of natural rights. Legal rights differ from country to country, because nations must take into consideration of all ethnic minorities living in their respective countries while developing their legal systems.
When the global justice system was being developed philosophers, thinkers and experts in international law concluded that a ‘global justice system’ should be a perfect combination of both the natural and legal rights of man. After World War II, it became evident that a global justice system is set up to ensure that the rights of all nations that are a part of the United Nations are upheld. To ensure that the grievances of nations are redressed the international court of justice at Hague was also established.
One of the reasons for the growth of a global justice system is the increasing trade relations between nations. With globalization and growing trade relations between nations, it has become essential to draw up complex legal documents ensuring that the dignity and rights of all participating countries are maintained.
As more and more countries enter into trade relations, it is of paramount importance to ensure that these relations do not harm the domestic legal systems of the individual countries. A major role played by the global justice system is to ensure cordial relations exist between nations participating in trade relations.
The global justice system has a humanitarian aspect, as well. This can be seen by studying the refugee laws of many nations. Rehabilitation of refugees is a global issue that can be addressed only by ensuring that justice is rendered in a manner that ensures the dignity of both the refugees and the nations providing rehabilitation are adequately maintained. Refugees coming from war-torn nations have given up all to save themselves. Hence, on humanitarian grounds, efforts should be made to rehabilitate them.
A significant aspect of justice is to ensure human dignity is preserved. Refugees are that section of society who need restoration of their human rights and dignity. Thus, an active global justice system will ensure that the refugees are rehabilitated, and their lost dignity is restored.
An important role played by the global justice system is to uphold the rights of the economically weak nations. Powerful nations may find it easy to exploit a country that is financially weak if there are no proper international trade laws and treaties. But with an active global justice system, the economic rights of the developing nation can be upheld.
A legal system that encompasses all countries irrespective of their financial backgrounds ensures that they are not victimized. It also provides such nations with a platform to voice their grievances. Thus, a global justice system should be in place to ensure that all countries are treated as equal.
The primary objective of a global justice system is to provide justice beyond international borders. It upholds human rights irrespective of the nationalities of the individuals. Another aim of a global justice system is to provide humanitarian aid to war-torn nations.
Organizations wishing to bring relief and assistance to people living in war-torn regions of the world can turn to a robust global justice system for support. Such a legal system, when enforced, will ensure that humanitarian aid and help is provided across boundaries and geographical divisions.
Thus, the global justice system is a concept that is grounded in humanitarian ideas and notions of liberalism. Its objective is not to interfere in the workings of individual nations, but to provide legal aid and support to all countries. It is also an extension of the idea that all human beings are born equal. A global justice system also helps in building a sense of solidarity and unity by ensuring that human dignity and rights are upheld.
Feb 14, 2020