The Pillars of Global Law

Front Cover
Ashgate Publishing, Ltd., Feb 28, 2013 - Law - 452 pages
This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
 

Contents

Preface
xiii
List of Abbreviations
xix
International Law Journals
xxi
The Four Pillars of Global Law Verticality Legality Integration and Collective Guarantees
1
Verticality and Sharing of the Decisional Processes
17
Global LawMaking
19
Dynamics of Global RuleFormation Processes
21
Global LawEnforcement System
43
Collective Guarantees An Embryonic New System
215
Actions to Combat Global Terrorism
217
Heteronomous Actions Against Terror The Military Interventions
219
An Integrated SelfDefence System Against LargeScale Attacks by Irregular Forces The IsraeliHezbollah Conflict
253
Global Enforcement Mechanisms Against Terrorism
265
Joint Mechanisms Against Terrorists Insurgents and Other NonState Actors
267
The UN CounterTerrorism System
281
Conclusions
305

The Integrated System of LawEnforcement
45
Global Justice
93
The International Court of Justice From Judicial Organ to Global Court
95
Legality Principles and Common Global Values
137
Legality Versus Effectivity in the Global Legal System
139
Integration of Legal Systems in the Direction of Global Law
171
State Law and International Law in a Globalizing Legal System
173
Tables
309
Bibliography
317
Index of Case Law
375
Documents
397
Analytical Index
411
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information