Cristopher Good

Responding the Internationalisation of Conflict: Rule of Law based Humanitarian Law Approachesas Pioneers of Legal Globalisation

2015. No. 1. P. 183–193 [issue contents]
What interpretative role can the historical development of International Humanitarian Law (IHL) norms play in the current discussion on the globalization of law in general? To answer this question, the article firstly highlights from a theoretical perspective the fragmentary effects of the phenomena of globalization on law in general to set the discursive playing field. Based on these findings, the author shows potential normative and institutional answers provided by IHL on the truly global phenomenon of armed conflicts. To demonstrate the ongoing development and normative reinterpretations of IHL norms in the interdependent system of customary rules and treaty-based rules, the article draws a line of reception from the norms of the St. Petersburg Declaration (1868) to the influential Customary International Law Study of the International Committee of the Red Cross (2005) and recent IHL conventions such as the convention on cluster munitions (2008). Thereby, a special emphasis is given to the broad global acceptance of the relevant IHL norms despite its rather weak enforcement mechanisms.
Citation: Good C. (2015) Responding the Internationalisation Rule of Law Based Humanitarian Approaches as Pioneers of Legal Globalisation. Pravo. Zhurnal Vysshey shkoly ekonomiki, no. 1, pp. 183–193 (in English)
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