Global Justice, Human Rights and the Modernization of International Law
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| Anteprima |
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.
