Carlo Focarelli

in International Law as Social Construct

Published in print May 2012 | ISBN: 9780199584833
Published online September 2012 | e-ISBN: 9780191741012 | DOI:

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This chapter notes that international law is the law of the states making up the global system as shaped by non-state actors, both domestically and transnationally. Today, international law extensively regulates how states must behave within their jurisdiction at the inter-individual level. It is an inter-state law for inter-individual justice. States per se are neither bad nor good. They are not fixed entities, but what people make of them. The point of departure is people and what they believe in and are prepared to struggle for. How people construct social reality is at the heart of international law. Finally, this chapter argues suggests that the right direction for belief and struggle in law is towards the protection of the most vulnerable.

Keywords: law; global system; international law; non-state actors; state jurisdiction; social construct

Chapter.  3431 words. 

Subjects: Public International Law

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