westphalian system (1648) - American Society of International Law

THE PILLARS
• Verticality
- regulatory: universally defined
principles;
- functional: integrated decisional
processes with institutions’
participation
• Legality
- legality principle (ex iniuria jus
non oritur);
- control of legality over global
governance
• Integration
- organizational model of the
world’s society based on the
gradual integration between
various systems of organization
(legal, social, economic, religious,
and mediatic) at different
aggregation levels (local to
worldwide)
• Collective guarantees
- integrated mechanisms of
monitoring, ascertainment, and
coercive implementation measures
GLOBAL LEGAL SYSTEM
LEGAL SYSTEM FOR A UNIVERSAL HUMAN SOCIETY
PRINCIPLES/
CONCEPTS*
• Global constitutional
principles/values
- prohibition on the use of force;
safeguarding self-determination,
human rights; common heritage
concept; sustainable development
• Multilateral Regimes
- to formulate regulations, to
manage, protect, and conserve
environment, global commons,
natural resources, cultural goods
• Global Economy
- WTO/GATT rules, world financial
regulations
• Integration concept
- harmonization/ integration of
legal systems in the direction of
global law
- global law is the third stage of
development of international law,
the preceding two phases being
the international law of
coexistence and the international
law of cooperation
*The emergence of rules oriented
towards individuals, ethnic groups,
humankind, marks the transition from
inter–state society to global
community
• States
PLAYERS
• Non-state actors/global forces
(IGOs, NGOs and different forms
of power, ie. new powers)
GLOBAL FUNCTIONS/
PROCESSES*
• Rule-formation
- quasi–organic processes;
- public participation, together
with non–governmental
organizations, and private sectors
• Regime of compliance and
enforcement
- integrated systems for
monitoring and action
• Global judicial function
- global courts and tribunals to
protect global values and
commons
- participation of civil society in
international courts and tribunals
(e.g. Human Rights Courts,
International Criminal Court)
*Multilateral normative processes and
actions for managing worldwide economic
and social development as well as threats
to international peace and security
© Giuliana Ziccardi Capaldo, The Pillars of Global Law, Ashgate, Aldershot, 2008
Table 3: Global Legal System
GLOBAL GOVERNANCE*
• Co-management of global
values and commons
• Integrated decision-making
processes (institutional
participation and control)
• Multilateral actions and
shared responsibility
• Central role of UN
• Judicial control over the
executive
*Shared governance under UN control
involving the forces of the global
community (UN organs, states, non-state
actors, IGO, NGOs, civil society, and the
private sector)