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.
Table of Contents
Contents: Preface; Introduction: the 4 pillars of global law: verticality, legality, integration, and collective guarantees; Part I Verticality and Sharing of the Decisional Processes: Section I Global Law-Making: Dynamics of global rule-formation processes; Section II : Global Law-Enforcement System: The integrated system of law-enforcement; Section III: Global Justice: The international court of justice - from judicial organ to global court. Part II Legality Principles and Common Global Values: Legality versus effectivity in the global legal system Part III Integration of Legal Systems in the Direction of Global Law: State law and international law in a globalizing legal system. Part IV Collective Guarantees: An Embryonic New System: Section I Actions to Combat Global Terrorism: Heteronomous actions against terror: the military interventions; An integrated self-defence system against large-scale attacks by irregular forces: the Israeli-Hezbollah conflict; Section II Global Enforcement Mechanisms Against Terrorism: Joint mechanisms agains terrorists, insurgents and other non-state actors; The UN counter-terrorism system; Conclusions; Bibliography; Indexes.
Giuliana Ziccardi Capaldo is Full Professor of International Law and of Global Law (Advanced International Law) at the University of Salerno, Italy. Founder and Director of the Department of International Studies in the same University, she is the Director of the Ph.D. Program in International Law. She is a member of several legal associations, including the Italian and the American Society for International Law. Professor Ziccardi Capaldo has published extensively on aspects of International Law and International Procedural Law.
'This book offers a challenging perspective of the international legal system from Westphalia (1648) to San Francisco (1948) to our contemporary global legal system. It reflects not only a systemic approach but an avant-garde one that gives us the outline of the future evolution of the role of law and legal institutions in tomorrow's evermore globalized society. It is a significant contribution to the field of international legal studies.'
M. Cherif Bassiouni, DePaul University College of Law, USA
'This book is concerned with how the international legal system is changing and the implications of globalization for the structure and content of the law. Not everyone will agree with the author's conclusions, but the broad coverage and topical themes of the work should ensure it has a wide and responsive readership.'
John Merrills, University of Sheffield, UK
'With this book, Professor Ziccardi Capaldo succeeded in the very difficult task of providing a clear understanding of recent developments in international law, putting the complexity of the legal international order into a coherent theoretical framework, making this contribution engaging and useful to anyone interested in current developments in international legal studies.'
The Cambrian Law Review
'[This book] identifies crucial structural changes that the international legal system has undergone in recent decades and sets out an impressive argument. What is more, it provides readers with a matrix for analyzing the evolution from traditional international law to modern global law.'
German Yearbook of International Law