Internationalization of Law: Globalization, International Law and Complexity

ISBN-13: 9783642541629 / Angielski / Twarda / 2014 / 343 str.

Marcelo D. Varella

Opis

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

Spis treści

1. Introduction.- 2. Factors and Actors Behind Greater Complexity in Contemporary International Law.- 3. The Greater Complexity of International Law with the Intensification of Relations Among States and International Organizations.- 4. The Internationalization of Law from the Perspective of Infra- and Non-State Actors.- 5. New Features of the Internationalized Legal System: Expansion, Consolidation, Plurality, and Effectiveness.- 6. Challenges with Complexity: New Sources, Private Regimes and the Proliferation of Conflict Resolution Mechanisms.- 7. The problems of New and Old Concepts of International Law.- 8. Conclusions.