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Global Justice, Human Rights and the Modernization of International Law

Editors: Pisillo Mazzeschi, Riccardo, De Sena, Pasquale (Eds.)

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  • Analyzes modernization of contemporary international law from a human rights and global justice perspective
  • Provides a forum to reflect on the issues of human rights and migration from an international law perspective
  • Represents a scientific progress and improvement of the legal theory on the modernization of international law
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eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-319-90227-2
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Hardcover $149.99
price for USA in USD
  • ISBN 978-3-319-90226-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $139.99
price for USA in USD
  • ISBN 978-3-030-07967-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

Ricardo Pisillo Mazzeschi is Full Professor of International Law at the Department of International and Political Sciences, University of Siena; Director of the Interuniversity Centre for Human Rights, Migration and Aliens’ Law. LL.M. Harvard (1973); visiting professor/scholar at Tulane Law School, University College London, Université Paris II, Keio University, Lauterpacht Centre of International Law. Lectures at The Hague Academy of International Law (2006). Former legal expert on human rights for the Italian Ministry of Foreign Affairs; member of the Italian delegation at the Human Rights Council. Arbitrator and member of the Bureau of the OSCE Court of Conciliation and Arbitration. He has published 4 authored books or monographs, co-edited 4 collective books and written about 90 articles and book chapters on Public International Law, Private International Law and European Union Law.
Pasquale De Sena is Full Professor of International Law and International Human Rights Law at the Faculty of Law, Catholic University, Milan (2011-); P.H.D. International Law, University of Florence (1991); visiting Professor at Université de Strasbourg (2007), Université Paris I (2010), Université Paris II (IHEI; 2012); visiting scholar at the Max Planck Institute for Comparative Public Law and Public International Law (Heidelberg 1995) and the Max Planck Institute for International, European and Regulatory Procedural Law (Luxembourg 2015); associate fellow of the “Centre d’études des norms juridiques” (Paris, EHESS: 2010 -). Lectures at the International Institute of Human Rights “René Cassin” (2007, 2008, 2010) and The Hague Academy of International Law (2016). Co-founder and general editor of the legal journal “Diritti umani e diritto internazionale” (2007 -). Permanent member of the Inter-Ministerial Committee for Human Rights of the Italian Government (2013 -). He has published 2 authored books, co-edited 2 collective books and written about 60 articles and book chapters on Public International Law.

Table of contents (12 chapters)

Table of contents (12 chapters)
  • The Impact of Individuals and Other Non-State Actors on Contemporary International Law

    Pages 3-16

    Decaux, Emmanuel

  • State Sovereignty: Balancing Effectiveness and Legality/Legitimacy

    Pages 17-38

    Tancredi, Antonello

  • Claims Concerning Obligations Erga Omnes in the Jurisprudence of the International Court of Justice

    Pages 39-46

    Gaja, Giorgio

  • From a Community of States Towards a Universal Community?

    Pages 47-66

    Dupuy, Pierre-Marie

  • Methods of Identification of International Custom: A New Role for Opinio Juris?

    Pages 69-111

    Bourgeois, Hanna (et al.)

Buy this book

eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-319-90227-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.99
price for USA in USD
  • ISBN 978-3-319-90226-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $139.99
price for USA in USD
  • ISBN 978-3-030-07967-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Global Justice, Human Rights and the Modernization of International Law
Editors
  • Riccardo Pisillo Mazzeschi
  • Pasquale De Sena
Copyright
2018
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-319-90227-2
DOI
10.1007/978-3-319-90227-2
Hardcover ISBN
978-3-319-90226-5
Softcover ISBN
978-3-030-07967-3
Edition Number
1
Number of Pages
XXX, 272
Topics