BRICS Law Journal

Advanced search

The Impact of Globalisation on the Constitutional Regulation of Human Rights

Full Text:


The objective of this research paper is to provide an in-depth analysis of the essence of the constitutional and legal regulation of personal status, which is the primary obligation of present-day national governments with respect to preserving and protecting major human values when globalisation processes are underway. Consistent and comprehensive human development, politicisation of the law, the elimination of poverty, the fight for equality, global economic injustice, the search for a new ideal constitutional model and other issues are relevant and are on the agenda for the entire global society. Countries with different economic levels of development, historical traditions, cultural origins, and legal systems have varying concepts of human rights, freedoms and duties, which they implement in practice in various ways. These issues are of paramount importance for Russia, which has equal participation rights in matters of international relations and in the system for global governance and international law making. Solving the problem of satisfying the national interest and preserving prestige and the standard of living of every person depends on the primary social responsibility of each person and on the active role of the modern state. Most of all, it is necessary to solve functional problems that are simultaneously political, scientific, organisational, and legal. The most important task here is to enhance the effectiveness of the activity of the state system and the local self-government authorities. To achieve its objective, the paper utilises general scientific-scholarly methods, and specific scientificscholarly research methods including those denominated concrete-historical, logically historical, system-based, comparative legal (law), among others.

About the Author

E. Balayan
Kemerovo State University
Russian Federation

Ellada Balayan – Associate Professor, Department of State and Administrative Law, Law Institute

6 Krasnaya St., Kemerovo, 650000


1. Brownlie I. International Law and the Use of Force by States (1963).

2. Community, Diversity and New World Order: Essays in Honor of Inis L. Claude, Jr. (1994).

3. Engle E. The Transformation of the International Legal System: The Post-Westphalian Legal Order, 23(23) Quinnipiac L. Rev. 23 (2004).

4. Farer T.J. An Inquiry into the Legitimacy of Humanitarian Intervention in Law and Force in the New International Order 185 (Lori Fisler Damrosch & David J. Scheffer eds., 1991).

5. Kartashkin V. Human Rights and Humanitarian Intervention in Law and Force in the New International Order 202 (Lori Fisler Damrosch & David J. Scheffer eds., 1991).

6. Kartashkin V.A. Common Global Home in Human Rights for the 21st Century, Foundation for Responsible Hope: A US-Post Soviet Dialogue 223 (Peter Juviler & Bertram Gross eds., 2000).

7. Kennedy P.M. Preparing for the Twenty-First Century (1993).

8. Law and Force in the New International Order (Lori Fisler Damrosch & David J. Scheffer eds., 1991).

9. Möller K. The Global Model of Constitutional Rights (2012).

10. Nicolaïdis K. Germany as Europe: How the Constitutional Court Unwittingly Embraced EU Demoicracy: A Comment on Franz Mayer, 9(3-4) Int’l J. Const. L. 786 (2011).

11. Ohmae K. The Borderless World: Power and Strategy in the Interlinked Economy (1990).

12. Rodrik D. Has Globalization Gone Too Far? (1997).


For citations:

Balayan E. The Impact of Globalisation on the Constitutional Regulation of Human Rights. BRICS Law Journal. 2021;8(1):63-85.

Views: 970

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.

ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)