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The Global Community Yearbook of International Law and Jurisprudence 2015$
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Giuliana Ziccardi Capaldo

Print publication date: 2016

Print ISBN-13: 9780190647759

Published to Oxford Scholarship Online: November 2016

DOI: 10.1093/acprof:oso/9780190647759.001.0001

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Global Law as a Constitutional Phenomenon

Global Law as a Constitutional Phenomenon

Chapter:
(p.3) Global Law as a Constitutional Phenomenon
Source:
The Global Community Yearbook of International Law and Jurisprudence 2015
Author(s):

Giuliana Ziccardi Capaldo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190647759.003.0001

The author focuses on the innovative force of globalization in its impact on international law. It is the author’s belief that globalization is causing changes in the law with significant implications for the global decisional processes and the interactions between legal systems. Under the driving force of globalization, international law is currently undergoing a process of constitutionalization which has created principles which should function as global “basic principles” having a jus cogens character, protecting the interests, values and heritage of all of humanity. Such principles of global law constitute the lowest common denominator for the various legal and social systems of the world, ensuring the creation of an integrated global system of governance, despite the legal fragmentation, while respecting plurality.

Keywords:   global “basic principles”, globalization, global constitutionalization, global governance, global law, integrated law system, international verticalization, jus cogens, legal fragmentation, polycentric global system

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