Springer Global Justice, Human Rights and the Modernization of International Law

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. From the Back Cover 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 Author 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.