Global justice, human rights and the modernization of international law /

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Bibliographic Details
Imprint:	Cham : Springer, [2018] ©2018
Description:	1 online resource
Language:	English
Subject:	Human rights. International law. Law and globalization. Human rights. International law. Law and globalization.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12455722

Hidden Bibliographic Details
Other authors / contributors:	Pisillo Mazzeschi, Riccardo, editor. De Sena, Pasquale, editor.
ISBN:	9783319902272 331990227X 9783319902289 3319902288 9783030079673 3030079678 9783319902265 3319902261
Digital file characteristics:	text file PDF
Notes:	Includes bibliographical references and index. Online resource; title from PDF title page (EBSCO, viewed August 6, 2018).
Summary:	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.
Other form:	Print version: Global justice, human rights and the modernization of international law. Cham : Springer, [2018] 3319902261 9783319902265
Standard no.:	10.1007/978-3-319-90227-2

Table of Contents:

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

Global justice, human rights and the modernization of international law /

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