The New Global 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 reorder 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.

Preface	p. xiii
Acknowledgments	p. xxv
From the Ius Gentium to International Law
The Ius Gentium, a Roman Concept	p. 3
A Law for Every Age	p. 3
A Word about Dike	p. 5
Cicero, Father of the Ius Gentium	p. 6
The Ius Gentium in Other Roman Writings	p. 8
The Ius Commune, a Medieval Concept	p. 12
The Ius Gentium in the Middle Ages	p. 12
European Common Laws	p. 14
English Common Law Contrasted with Civil Law	p. 16
Ius Canonicum	p. 18
Islamic Sharia and Siyar	p. 19
International Law, a Modern Concept	p. 22
From Ius Gentium to Ius Inter Gentes	p. 22
Ius Gentium Europaeum	p. 25
Kant, between Staatenrecht and Weltbürgerrecht	p. 28
Bentham and International Law	p. 30
Public and Private International Law	p. 32
New Attempts at Conceptualization	p. 35
Philip C. Jessup's Transnational Law	p. 37
C. Wilfred Jenks and the Common Law of Mankind	p. 39
John Rawls and The Law of Peoples	p. 41
Álvaro d'Ors and Geodierética	p. 43
Ius Naturale in the Shadow of Ius Gentium	p. 44
Toward a Global Law
The Crisis of International Law	p. 53
International Law and the Globalization of Law	p. 55
The Basic Primacy of States as Subjects of International Law	p. 57
The Death Throes of the State	p. 61
Sovereignty and the Sovereign People	p. 65
The Crisis of Territoriality	p. 73
Jurisdiction: Does It Belong to the State?	p. 77
The Nation-State: A Marriage of Convenience Doomed to Divorce	p. 82
The Future of the United Nations	p. 88
Global Law, a Challenge for Our Time	p. 98
The Need for Global Law	p. 98
International Society versus Global Community	p. 102
Cosmopolitanism and Global Law	p. 104
Crisis of Nationality, Global Citizenship, and Patriotism	p. 106
Global Law and Nonstate Law	p. 109
Arbitration and Globalization	p. 110
The Usus of the Earth	p. 113
Humanity as Anthroparchy	p. 115
The Global Legal Order	p. 121
The Person, Center of the Global Legal Order	p. 123
Are Legal Persons Persons?	p. 126
Are Animals Persons?	p. 129
Personal Dignity, Liberty, and Equality	p. 131
Human Dignity	p. 131
Personal Liberty	p. 136
Equality among Persons	p. 139
Human Rights, at the Heart of Global Law	p. 142
Quod Omnes Tangit ab Omnibus Approbetur	p. 144
United Humanity	p. 145
Culmination: The New Pyramid of Law	p. 147
Structure of the Pyramid	p. 147
Legal Three-Dimensionality	p. 149
Legal Principles of Global Law	p. 154
Rules-Based Principles and Principled Rules	p. 154
Principles Common to International and Global Legal Orders	p. 157
Principle of Justice	p. 158
Principle of Reasonableness	p. 162
Principle of Coercion	p. 166
Specific Principles of the Global Order	p. 170
Principle of Universality	p. 170
Principle of Solidarity	p. 173
Principle of Subsidiarity	p. 176
Principle of Horizontality or Democratization	p. 181
Rules of Global Law (Iuris Universalis Regulae)	p. 185
Conclusion: The Third Time Is the Charm	p. 195
Index	p. 201
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