The New Global Law

This volume offers a historical-juridical foundation for the development of an innovative and truly global legal system.

Rafael Domingo (Author)

9781107651999, Cambridge University Press

Paperback / softback, published 31 August 2011

240 pages
22.9 x 15.2 x 1.3 cm, 0.33 kg

'… this is a work not only of scholarship and analysis, but also of heartfelt advocacy …' Journal of Comparative Law

The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Part I. From Ius gentium to International Law: 1. The ius gentium, a Roman concept
2. The ius commune, a medieval concept
3. International law, a modern concept
Part II. Towards a Global Law: 4. The crisis of international law
5. Global law, a challenge for our time
6. The global legal order
7. Legal principles of global law
Conclusion: the third time is the charm.

Subject Areas: Public international law [LBB], Jurisprudence & general issues [LA], Law [L]