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Title Global justice, human rights and the modernization of international law / editors, Riccardo Pisillo Mazzeschi, Pasquale De Sena, editors
Published Cham : Springer, [2018]
©2018
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Contents Intro; Preface; Contents; About the Contributors; List of Abbreviations; Table of Cases; Part I: Global Justice and Changes in the International Community; The Impact of Individuals and Other Non-State Actors on Contemporary International Law; 1 Introduction; 2 The Assigned Place to Non-State Actors in Contemporary International Law; 2.1 The Consecration of the Statute of Non-State Actors; 2.2 Non-State Actors as Beneficiaries of International Law; 3 Transformation of International Contemporary Law by Non-State Actors
3.1 The Contribution of Non-State Actors to the Elaboration of International Law3.2 The Contribution of Non-State Actors to the Law of International Responsibility; References; State Sovereignty: Balancing Effectiveness and Legality/Legitimacy; 1 Introduction; 2 Theoretical Arguments Against Effectiveness; 3 Practical Arguments Against Effectiveness; 4 A Critical Appraisal of "Legalist" Theses; 4.1 Does Illegality Exclude Statehood?; 4.2 The Effects of Non-recognition; 4.3 Functional Realities and Issues of Justice; 5 Issues of Legitimacy and State Sovereignty; 6 Conclusions; References
Claims Concerning Obligations Erga Omnes in the Jurisprudence of the International Court of Justice1 Introduction; 2 Standing of the Claimant State; 3 Jurisdiction of the Court; 4 Object of the Claim; 5 Concluding Remarks; References; From a Community of States Towards a Universal Community?; 1 Identity: From the International Community of States to the "International Community as a Whole"; 1.1 The Inception Phase; 1.2 The Development Phase; 1.3 A Period of Relative Decline?; 2 Legal Nature of the "International Community as a Whole". Outline of a Theory; 2.1 Community as a Legal Fiction
3 Who Is in Charge of Protecting and Defending the Interests of This Community?3.1 The Role of State Responsibility; 3.2 The Role of the Judge; References; Part II: Global Justice and Modernization of the Sources of General International Law; Methods of Identification of International Custom: A New Role for Opinio Juris?; 1 Introduction; 2 A Separate Method of Ascertaining Rules of Customary International Law in Different Branches of International Law?; 2.1 Criticism of the Traditional Method of Ascertaining Customary International Law
2.2 Humanity, Public Conscience, and Other Fundamental Moral Principles3 A New Role for Opinio Juris in the Formation and Identification of Rules of Customary International Law; 3.1 Redefining Opinio Juris; 3.2 The Relationship of Opinio Juris and Practice; 3.2.1 Varying Weight of Opinio Juris and Practice; 3.2.2 Inconsistencies in Practice and Contradictions Between Practice and Opinio Juris; 3.2.3 Verbal Practice; 3.2.4 Practice Within States (or the Reasons for a Lack thereof) and a Lack of Protest Against Breaches of Certain Rules
Bibliography Includes bibliographical references and index
Notes Online resource ; title from PDF title page (EBSCO, viewed August 6, 2018)
Subject Human rights.
International law.
Law and globalization.
Form Electronic book
Author Pisillo Mazzeschi, Riccardo, editor
De Sena, Pasquale, editor
ISBN 9783319902272 (electronic bk.)
331990227X (electronic bk.)