1st Edition
Solidarity in International Law Challenges, Opportunities and The Role of Regional Organizations
The principle of solidarity is particularly important now because it is in juxtaposition to some current self-centered trends in politics: the crises that have upset the world in recent years, such as migrations, hegemonic aspirations, pandemics, and wars, have made self-evident the inadequacy of such selfish politics. It therefore seems very useful to understand the role that solidarity could play in contemporary scenarios. This book thus collects various contributions on the principle of solidarity in international law. Firstly, it reconstructs the foundations of solidarity in law and investigates the origins of the principle. Subsequently, it tries to ascertain if solidarity exists as a principle in international law and, if so, what its scope is. The book then examines the eventual implementation of the principle of solidarity in regional organizations law: the question is whether solidarity is more effective and if it is actually better fulfilled when relationships between states get stronger, such as in regional and sub-regional organizations. Such implementation is notable in EU Law, but the analysis also involves other regional and sub-regional organizations, namely the African Union, ECOWAS, the League of Arab States, and MERCOSUR. This book takes into account not only some distinctive areas of solidarity, such as migration law, or specific institutional contexts where solidarity is a declared principle, objective or value, for example, the European Union, but it also considers whether, and to what extent, the manifestations of solidarity differ in disparate settings, trying to discover the reasons behind such divergences. The book will be of interest to researchers and academics in the areas of International Law, International Organizations Law, European Law, Human Rights Law, Business Law, and Constitutional Law.
1. Introduction. Solidarity: traditional international law vs. modern international law and universal international law vs. law of regional organizations
Leonardo Pasquali
2. Historical background of solidarity in European law
Aldo Petrucci
3. Solidarity between law and religion
Pierluigi Consorti
4. Solidarity and constitutional law in Italy and other European countries
Elisabetta Catelani, Pietro Milazzo
5. Federalism, the principle of solidarity and the third stage in the division of competences
Marcelo Labanca Corrêa de Araújo
6. A realistic solidarity: Immanuel Kant’s legacy for modern Europe
Giorgio Ridolf
7. The dynamics between interest and solidarity as the functional basis of current international law
Gerardo Martino
8. Solidarity and international investment law: reconciliation within the institutional framework?
Francisco Pascual-Vives
9. International solidarity and human rights. Some remarks about the draft United Nations declaration on the right to international solidarity
Miriam Schettini
10. Solidarity in the EU. Beyond EU treaty provisions on solidarity
Francesca Martines
11. The reform of the Common European Asylum System: the new Pact on immigration and asylum
Elena Crespo Navarro
12. Solidarity with candidate States: the case of the Western Balkans
Teresa Russo
13. Solidarity among member states of regional organizations as a development of the good faith principle
Ivan Ingravallo, Nicola Ruccia
14. Solidarity in the African System
Anna Pitrone
15. Solidarity in ECOWAS, a sub-regional African organisation with relevant similarities to the EU
Gabriele Rugani
16. Solidarity in the League of Arab States
Matteo Del Chicca
17. Solidarity in the law of MERCOSUR
Marcílio Toscano Franca-Filho
18. Epilogue: lessons, questions, and outlook
Leonardo Pasquali
Biography
Leonardo Pasquali is Associate Professor of International Law at the University of Pisa, Italy. He is currently the Leader and Academic Coordinator of the "Solidarity in EU Law" Jean Monnet Module. He is also a member of the Academic Board of the PhD Programme in Law and the PPGD (mestrado e doutorado) Programme in Law at the Catholic University of Pernambuco (UNICAP), Brazil; additionally, he is a member of the Editorial Committee of European and Latin-American academic journals. He teaches in the areas of International Law, International Humanitarian Law, International Judicial Cooperation, International Organizations Law and EU Law. He has published extensively on these and related subjects in English, French, Italian and Spanish. Leonardo Pasquali is a Founding Partner at Studio Legale Pasquali.
