Is Leviathan Still Holding Sway over International Dealings?

Antonio Cassese and Luigi Condorelli

in Realizing Utopia

Published in print March 2012 | ISBN: 9780199691661
Published online September 2012 | e-ISBN: 9780191738593 | DOI:
Is Leviathan Still Holding Sway over International Dealings?

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According to many commentators, the state is in crisis because it is undergoing a downright expropriation of the main prerogatives and functions associated with it, to the benefit of international agencies and organizations, on the one hand, and the business world, on the other. Regarding the latter, it is pointed out in particular that it increasingly escapes the grasp of ‘state-centric’ law — whether national or international — and ultimately operates under the exclusive dominion of the rules it gives itself: private law made by private persons, in the logic of ‘leges mercatoriae’ (or the like). This chapter first considers the evolution of international law, and then the autonomy of private economic power, as contributory causes of the alleged crisis of the state.

Keywords: crisis of the state; international law; private economic power; autonomy

Chapter.  6004 words. 

Subjects: Public International Law

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