A Global Law for a Global Community (original) (raw)
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Global Law and the New Global Human Community (Direito Global e a Nova Comunidade Global Humana)
Revista Brasileira de Dereito, 2017
The ideal of a universal human community living in perpetual peace and happiness was for centuries a dream of many philosophers, jurists and poets. The Stoic cosmopolitan vision, the Roman aspiration toward an empire without end, the Christian ideal of a world united by charity, the Dantian longing for a universal monarchy, and the Kantian project of world peace, among other ideas, have contributed over time to the growing sense that all human beings are members of a single universal community. Keywords: Global Law; Global Human Community Resumo: O ideal de uma comunidade humana universal vivendo em paz e felicidade perpétuas foi durante séculos o sonho de muitos filósofos, juristas e poetas. A visão cosmopolita estoica, a aspiração romana para um império infinito, o ideal cristão de mundo unido pela caridade, o dantesco anseio de uma monarquia universal e o projeto kantiano de paz mundial, além de outras ideias, contribuíram para o crescente senso de que todos os humanos são membros de uma singular comunidade universal. Palavras-chave: Direito Global; Comunidade Global Humana.
The New Global Human Community
Chicago Journal of International Law, 2012
Under the impact of globalization, the international community is in the process of evolving into a new community made up of new members, inspired by new principles, and based on new ideas. The first part of this Article aims to justify the existence of this emerging community using four arguments that can be summarized by the Latin terms dignitas, usus, necessitas, and bonum commune. The second part argues that the new global human community has four features: that it comprises persons, not nation-states; that it is universal in nature; that membership in it is compulsory; and that it is incomplete but complementary to other forms of community. These features of the new global human community will determine both the structure of its legal system and its legal authority.
The 'International Community' as a Legal Notion
2018
The 'international community' is omnipresent in international debates. It is a point of reference. Much international action is undertaken in its name. And many a catastrophe – from Aleppo to climate change – is portrayed as a failure of the international community. As is clear from these random references, the functions, meanings and content of the concept of 'international community' are fluid: it is as appealing as it is evasive – and in fact, often it appeals precisely because it is evasive, and because a wide range of diverse, sometimes competing, meanings and expectations are projected onto it. The working paper seeks to unveil some of the functions, meanings and expectations projected upon the notion of 'international community'. While it focuses on debates in one particular field, viz. international law, its themes are of significance to a wider audience.
THE IDEA OF THE INTERNATIONAL COMMUNITY IN THE HISTORY OF INTERNATIONAL LAW
The development of the idea of what now is called the international community is closely linked in the history of the science of international law with the evolution of such concepts as jus gentium, jus naturale, jus ad bellum, and others which themselves might deservedly be the subject of a separate analysis. The purpose of the present Note is to trace the evolution in legal theory of the idea of an international community among the classics of international legal doctrine, turning when necessary to other related theoretical propositions. The need for such an analysis is nourished by the reflection that the contemporary state of affairs in international life is in a crisis or transitional situation. The way out of the situation – in reality and in the theory of international law – may be dictated at least both with the assistance of resolving issues of a value nature and through recourse to the history of international legal doctrine. In any event, these orientations of the study cross, so that issues of philosophy, history, and law here share a common place. The period of the classics in the theory of international law is linked with elaborating base categories, which in and of itself may be a source of resolving many contemporary problems. One task of the present Note is to consider the positions in doctrinal writings, the clarification or critique of which will enable us to move on to other or relatively different levels of generalization. Romans and Post-Glossators.One may begin a history of the idea of an international community with an analysis of the elements thereof in the works of the Roman jurists or postglossators.1Basically, attention is focused in the literature on the theological orientation in the history of international legal doctrines, when within the framework of the so-called " second wave " of scholasticism the Spanish School comes to the forefront. In the view of Jouannet,2 this advance was conditioned by contemporary studies which sought to rehabilitate the mediaeval authors, sometimes excessively modernizing them. Had in the early sixteenth century a polished system on the theoretical plane of an international community been created, particularly in the works of Francisco de Vitoria (1492-1546) and Francisco Suarez (1548-1617)? The question is, of course, rhetorical, and one may speak only at least of the basic contours of the theory of an international community in which there is no place for theocracy or imperialism – the two principal political orientations of their time. The Renaissance, inspired by the Greeks and the Romans and their philosophical and political-legal achievements, strengthened these trends through aspirations for a uniform world community in the Imperial or Papal vision. Both on different grounds developed the idea o an international community from which a more complete theory of an international system arose; that is, communities of national political entities. We speak of them not as nations or States, but as juridical persons of international life that had formed. They are merely certain aspects of an external sovereignty, and concerning independence – with respect to one another and also with respect to some higher authority.
At the beginning of the 21st century, international law remains in its essence an inter-state law, which does not recognize nations as distinct subjects of law (with the exception of peoples fighting for their independence). In the present paper, we propose a study devoted to the idea that, in the future, in the context of fundamental shifts of the global world, therefore, in the context of inevitable developments in international law, peoples (nations) will become distinct subjects of law, in comparison to states, as holders of rights and obligations that are specific to the new global law, as we will try to explain. Starting from the consecration of the third generation of human rights as rights of solidarity, surpassing the strictly individual field of legal protection, new categories of fundamental rights for the peoples can be developed, recognized as such by the states and international organisations, on the basis of sustainable development and of the “no one will be left behind “principles, that are defined inclusively in the 2030 Agenda.
International Community and Communitarianism in International Law
Polish Review of European and International Law, vol. 11, issue 2, 2022
This essay proposes that one of Professor Janusz Gilas’s most notable achievements is the development of community-oriented thinking in Polish international legal scholarship. His use of the term “international community” is not merely figurative and does not boil down to distinguishing another doctrinal concept. The article further develops the legal debate around the concept of the international community by proposing that it should be grounded in philosophical and political communitarianism. After briefly discussing Gilas’s contribution and its theoretical underpinnings in the form of the sociological theory by Ferdinand Tönnies and the achievements of the English School of international relations, this article undertakes to present communitarianism as a social and political philosophy and its relation to the concept of the international community, its theoretical alternatives, and their base values. Having clarified the possible communitarian interpretation of the international community, the author turns to the question of the possibility of communitarian international law. The article concludes by reinterpreting the thesis that international law is viable and conceivable only as community law, oriented toward the common good.
The purpose of this book is to reconstruct the concept of “international community” and to provide a general picture sketched from the perspective of a bird’s-eye view of the theory and philosophy of international law. The aim is not so much to define international community but rather to attempt to understand the phenomenon in its wider normative, historical, cultural and socio-political context. Thereby, the book draws the reader’s attention to the significance of an issue generally neglected by the science of law as well as to the relation of the notion with the array of crucial problems of international law. The title reflects the conviction, that the process of constitutionalization of international law is convergent with the advancement of pluralist international society towards a true solidarist community.
On the Way to an Anthroparchic Community of Law. The European Union as the Subject of Global Law
Polish Review of International and European Law, 2018
According to I. Pernice, the European Union has to be distinguished from an international organization for four reasons at least.First, there is no international organization where citizens have their own political representation and participate in the decision-making process. Second, direct legal action against individuals by directly applicable legislation does not happen. Third, the question of protection of fundamental rights against such ‘international’ power is not an issue. Last but not least, ‘no international organization provides for legal remedies of individuals against measures of that organization since there is no action having direct effect to the individual’. Therefore the author believes that the EU is an organization of citizens albeit having an appearance of an organization between states.Nevertheless one needs to remember that the European Union was founded as an intergovernmental organization by the European states on the principles of international law. That is...