The future of public international law : between contemporary philosophy and the law

Other Title(s)

مستقبل القانون الدولي العام : بين الفلسفة المعاصرة و القانون

Author

al-Fadil, Khalifah Ali

Source

Journal of Shariah and Law

Issue

Vol. 32, Issue 74 (30 Apr. 2018), pp.33-52, 20 p.

Publisher

United Arab Emirates University College of Law

Publication Date

2018-04-30

Country of Publication

United Arab Emirates

No. of Pages

20

Main Subjects

Law

Topics

Abstract EN

This paper talks about the future of public international law, where the classical Westphalian understanding of the notion, accompanied with the PCIJ’s Lotus principle are no longer accepted.

The idea of The Law of Peoples as articulated by John Rawls is becoming a reality.

The role of NGOs and TNCs has developed rapidly in recent years, to the degree that it is – almost – safe to say that international law is no longer the product of the sovereign will of States.

The concept of State sovereignty is highly challenged in recent times.

Contemporary political philosophy and the practice of States and international persons has demonstrated that the future of international law is leaning towards a brighter outlook, where a utopia of ‘justice as fairness’ is coming to existence.

This paper does not suggest that the time has come to celebrate the end of history, however, a smaller rejoice is appropriate, in order to recognize an evolutionary step in human practice.

American Psychological Association (APA)

al-Fadil, Khalifah Ali. 2018. The future of public international law : between contemporary philosophy and the law. Journal of Shariah and Law،Vol. 32, no. 74, pp.33-52.
https://search.emarefa.net/detail/BIM-914622

Modern Language Association (MLA)

al-Fadil, Khalifah Ali. The future of public international law : between contemporary philosophy and the law. Journal of Shariah and Law Vol. 32, no. 74 (Apr. 2018), pp.33-52.
https://search.emarefa.net/detail/BIM-914622

American Medical Association (AMA)

al-Fadil, Khalifah Ali. The future of public international law : between contemporary philosophy and the law. Journal of Shariah and Law. 2018. Vol. 32, no. 74, pp.33-52.
https://search.emarefa.net/detail/BIM-914622

Data Type

Journal Articles

Language

English

Notes

Includes bibliographical references : p. 48-51

Record ID

BIM-914622