The New Global Law (ASIL Studies in International Legal Theory)
Cambridge University Press, 2/26/2010
EAN 9780521193870, ISBN10: 0521193877
Hardcover, 238 pages, 22.8 x 15.2 x 2.5 cm
Language: English
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
Part I. From Ius gentium to International Law
1. The ius gentium, a Roman concept
2. The ius commune, a medieval concept
3. International law, a modern concept
Part II. Towards a Global Law
4. The crisis of international law
5. Global law, a challenge for our time
6. The global legal order
7. Legal principles of global law
Conclusion
the third time is the charm.