Global Justice, Human Rights and the Modernization of International Law

This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. 

In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?

The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.

The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.

Pasquale De Sena is Full Professor of International Law and International Human Rights Law at the Faculty of Law, Catholic University, Milan (2011-); P.H.D. International Law, University of Florence (1991); visiting Professor at Universite de Strasbourg (2007), Universite Paris I (2010), Universite Paris II (IHEI; 2012); visiting scholar at the Max Planck Institute for Comparative Public Law and Public International Law (Heidelberg 1995) and the Max Planck Institute for International, European and Regulatory Procedural Law (Luxembourg 2015); associate fellow of the “Centre d’etudes des norms juridiques” (Paris, EHESS: 2010 -). Lectures at the International Institute of Human Rights “Rene Cassin” (2007, 2008, 2010) and The Hague Academy of International Law (2016). Co-founder and general editor of the legal journal “Diritti umani e diritto internazionale” (2007 -). Permanent member of the Inter-Ministerial Committee for Human Rights of the Italian Government (2013 -). He has published 2 authored books, co-edited 2 collective books and written about 60 articles and book chapters on Public International Law.