Global Justice, Human Rights and the Modernization of International Law

Description

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. Front Matter ....Pages i-xxx Front Matter ....Pages 1-1 The Impact of Individuals and Other Non-State Actors on Contemporary International Law (Emmanuel Decaux)....Pages 3-16 State Sovereignty: Balancing Effectiveness and Legality/Legitimacy (Antonello Tancredi)....Pages 17-38 Claims Concerning Obligations Erga Omnes in the Jurisprudence of the International Court of Justice (Giorgio Gaja)....Pages 39-46 From a Community of States Towards a Universal Community? (Pierre-Marie Dupuy)....Pages 47-66 Front Matter ....Pages 67-67 Methods of Identification of International Custom: A New Role for Opinio Juris? (Hanna Bourgeois, Jan Wouters)....Pages 69-111 General Principles of International Law: From Rules to Values? (Riccardo Pisillo Mazzeschi, Alessandra Viviani)....Pages 113-161 What Was Not Meant to Be: General Principles of Law as a Source of International Law (Jean d’Aspremont)....Pages 163-184 General International Law: A New Source of International Law? (Christian Tomuschat)....Pages 185-204 Conflicts Between State-Centred and Human-Centred International Norms (Massimo Iovane)....Pages 205-222 Front Matter ....Pages 223-223 Global Justice, Equality and Social Inclusion: What Kind of “Modernization” of International Law? (Francesco Francioni)....Pages 225-238 Still Three Different Status for Aliens, Citizens and Human Persons? (Pasquale De Sena)....Pages 239-254 The Influence of Environmental Protection on the Fabric of International Law (Jorge E. Viñuales)....Pages 255-267 Back Matter ....Pages 269-272