Global justice, human rights and the modernization of international law editors, Riccardo Pisillo Mazzeschi, Pasquale De Sena, editors.
Contributor(s): Pisillo Mazzeschi, Riccardo | De Sena, Pasquale | [editor.] | [editor.].Material type: BookDescription: 1 online resource.ISBN: 9783319902272; 331990227X; 9783319902289; 3319902288; 9783030079673; 3030079678.Subject(s): Human rights | International law | Law and globalization | Jurisprudence & philosophy of law | Sustainability | International relations | Public international law | LAW | Human rights | International law | Law and globalization | Development of international law | Non-State entities | Sources of law | Human rights | Sustainable development | Philosophy of law | | | | | -- International | | | | | | | | | Additional physical formats: Print version:: Global justice, human rights and the modernization of international law.DDC classification: 341.48 Online resources: Click here to access online | SpringerLink eBooks
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PART I. GLOBAL JUSTICE AND CHANGES IN THE INTERNATIONAL COMMUNITY -- The impact of individuals and other non-state actors on contemporary international law / Emmanuel Decaux -- State sovereignty : balancing effectiveness and legality/legitimacy / Antonello Tancredi -- Claims concerning obligations erga omnes in the jurisprudence of the International Court of Justice / Giorgio Gaja -- From a community of states towards a universal community? / Pierre-Marie Dupuy -- PART II. GLOBAL JUSTICE AND MODERNIZATION OF THE SOURCES OF GENERAL INTERNATIONAL LAW -- Methods of identification of international custom : a new role of opinio juris? / Hanna Bourgeois and Jan Wouters -- General principles of international law : from rules to values? / Riccardo Pisillo Mazzeschi and Alessandra Viviani -- What was not meant to be : general principles of law as a source of international law / Jean d'Aspremont -- General international law : a new source of international law? / Christian Tomuschat -- Conflicts between state-centered and human-centered international norms / Massimo Iovane -- PART III. NEW GOALS FOR HUMANITY IN THE UN SUSTAINABLE DEVELOPMENT AGENDA -- Global justice, equality and social inclusion : what kind of "modernization" of international law? / Francesco Francioni -- Still three different status for aliens, citizens and human persons? / Pasquale De Sena -- The influence of environmental protection on the fabric of international law / Jorge E. Viñuales
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.
Includes bibliographical references and index.