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Global Justice, Human Rights and the Modernization of International Law

Global Justice, Human Rights and the Modernization of International Law

Author: Riccardo Pisillo Mazzeschi; Pasquale De Sena
Publisher: Springer-Verlag
ISBN: 9783319902265
Published In: August 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?

The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.

Part I Global Justice and Changes in the International Community: Emmanuel Decaux, The Impact of Individuals and Other Non-State Actors on Contemporary International Law

Antonello Tancredi, State Sovereignty: Balancing Effectiveness and Legality/Legitimacy

Giorgio Gaja, Claims Concerning Obligations Erga Omnes in the Jurisprudence of the International Court of Justice

Pierre-Marie Dupuy, From a Community of States towards a Universal Community?

Part II Global Justice and Modernization of the Sources of General International Law: Hanna Bourgeois and Jan Wouters, Methods of Identification of International Custom: A New Role for Opinio Juris?

Riccardo Pisillo Mazzeschi and Alessandra Viviani, General Principles of International Law: from Rules to Values?

Jean d'Aspremont, What Was Not Meant to Be: General Principles of Law as a Source of International Law

Christian Tomuschat, General International Law - A New Source of International Law?

Massimo Iovane, Conflicts between State-Centred and Human-Centred International Norms

Part III New Goals for Humanity in the UN Sustainable Development Agenda: Francesco Francioni, Global Justice, Equality and Social Inclusion: What Kind of "Modernization" of International Law?

Pasquale De Sena, The Goal of Promotion of Pacific Societies: Still Three Different Legal Status for Aliens, Citizens and Human Persons?

Jorge E. Vinuales, The Influence of Environmental Protection on the Fabric of International Law.