INTRODUCTION :: Professor Dinh raises the right issue highlighted by the 9/11 Commission: what should be the post-Cold War organizing principle for the global order? Historians may well consider the period between 1989 and 2001 a confused interim, in which it was unclear what would replace the bipolar world. While I agree with Professor Dinh that we now face an altered international landscape rife with transnational problems, the most pressing of which is terrorism, I disagree with his proposition that the solution lies in bolstering patriotism and returning to the primacy of the nation-state. Rather, I contend that these problems beseech us to create additional layers of governance whose jurisdiction will equal the scope of the unmistakably global problems that challenge us. Therefore, I will first outline the basic contours of these new layers of global governance on a practical level. It is then crucial to move to a normative level, within which I will point to the seeds of an emerging global synthesis of values between the East and the West.
Global governance is possible only if there exists a sense of community based on shared values. Therefore, though I agree with Professor Dinh’s diagnosis of the problems, I believe his solution falls far short of what is required if we are truly to end the assault on the safety and moral culture of all the world’s peoples.
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December 2013, Vol. 65, No. 6
Adam Mossoff, The Trespass Fallacy in Patent Law
Alan White & Carolina Reid (Essay), Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis
Lee Harris, CEO Retention
Jennifer Koh, Rethinking Removability
Katrina Wyman & Nicolas Williams, Migrating Boundaries