The Pillars of Global LawThis 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
| xiii | |
| xix | |
| 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 |
| 411 | |
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Common terms and phrases
Achille Lauro action acts Advisory Opinion AMERICAN JOURNAL Application April Assembly authority breach Charter collective guarantees Constitution Convention Corte Costituzionale Court of Justice decisions democracy democratic DIRITTO INTERNAZIONALE DROIT INTERNATIONAL effect enforcement erga omnes European Union exercise force functions fundamental GCYILJ Giuliana Ziccardi Capaldo global community global law hereinafter human rights I.C.J. Reports ICJ REPORTS implementation individuals institutions INT'L integrated interests international community International Court International Criminal INTERNATIONAL LAW International Law Commission international legal order international norms international organizations INTERNAZIONALE Iraq JOURNAL OF INTERNATIONAL Judgment judicial July June jurisdiction JURISPRUDENCE jus cogens legal system legitimacy Libyan Lockerbie mechanisms Nicaragua obligations paras peace peremptory norms political powers practice principles procedures protection provisional measures RECUEIL DES COURS regime Resolution responsibility rules safeguard SC Res Security Council self-defence Sentenza sovereignty supra note supra note 28 territorial terrorist Tribunal UN Charter unilateral United Nations YEARBOOK OF INTERNATIONAL


