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6 - The Global Legal Order

Published online by Cambridge University Press:  06 July 2010

Rafael Domingo
Affiliation:
Universidad de Navarra, Spain
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Summary

Global law, or the Law of Humanity, does not yet constitute a legal order in the strictest sense, but it is called to become one. It is not yet a legal order because a handful of globally applicable norms without internal coherence or a clear system of elaboration, modification, and voluntary or coercive compliance cannot constitute an ordo iuris. But today there is an inescapable social imperative for just such an order. It is the task of jurists to bring us to the point where we can accurately speak of a new global legal order.

We would be making a serious mistake if we applied the current standards of national orders to a global legal order, for this could easily become an attempt to create a world state. It would also be a mistake to create something ex novo, as if no existing legal traditions were useful, or as if the constructs of international law born of the Peace of Westphalia were merely a set of useless ruminations. After all, in the twentieth century, especially after World War II, the science of international law has been adequate, securing such important milestones as the Declaration of Human Rights, the European Union (EU), and the World Trade Organization. But this is no longer enough.

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The New Global Law , pp. 121 - 153
Publisher: Cambridge University Press
Print publication year: 2010

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  • The Global Legal Order
  • Rafael Domingo, Universidad de Navarra, Spain
  • Book: The New Global Law
  • Online publication: 06 July 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511711916.007
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  • The Global Legal Order
  • Rafael Domingo, Universidad de Navarra, Spain
  • Book: The New Global Law
  • Online publication: 06 July 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511711916.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Global Legal Order
  • Rafael Domingo, Universidad de Navarra, Spain
  • Book: The New Global Law
  • Online publication: 06 July 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511711916.007
Available formats
×