This paper addresses the current state of International Law during the accented and no less far-reaching global crises. It aims at seeking ineffectiveness of International Law due to the deterioration within the structures and strictures of international society and not to inherent flaws in the law itself. In this regard, the need for the development of a vigorous international law, corresponding to new challenges, with special regard to the question concerning the reform of the United Nations (UN), is discussed against the backdrop of the political and legal obstacles and the ongoing debate for systemic overhaul. The present article is structured in four parts: the first of which highlights the critical state of global affairs, characterised by growing geopolitical tensions, economic divisions and worldwide social unrest. Secondly, it addresses the relationship between international law and society, emphasising that a healthy socio-political process may produce good law. In contrast, a social fabric battered by tensions and fragmentation inevitably leads to legal inefficiencies. The third section briefly illustrates the difficult debate on reforms, particularly of the UN system, reviewing the position of different groupings among the member states while giving special attention to the stance taken by Italy and Pakistan. The concluding section emphasises the aspirational value of international law, which may allow a glimpse of some silver lining, based on the consideration of a pendulum-like trajectory of history and, thus, of international law itself.
Tanzi, A.M. (2024). International Law in the Times of Crises: Imperatives and Prerogatives. IPRI JOURNAL, 24(1), 15-36 [10.31945/iprij.240102].
International Law in the Times of Crises: Imperatives and Prerogatives
Tanzi, AM
2024
Abstract
This paper addresses the current state of International Law during the accented and no less far-reaching global crises. It aims at seeking ineffectiveness of International Law due to the deterioration within the structures and strictures of international society and not to inherent flaws in the law itself. In this regard, the need for the development of a vigorous international law, corresponding to new challenges, with special regard to the question concerning the reform of the United Nations (UN), is discussed against the backdrop of the political and legal obstacles and the ongoing debate for systemic overhaul. The present article is structured in four parts: the first of which highlights the critical state of global affairs, characterised by growing geopolitical tensions, economic divisions and worldwide social unrest. Secondly, it addresses the relationship between international law and society, emphasising that a healthy socio-political process may produce good law. In contrast, a social fabric battered by tensions and fragmentation inevitably leads to legal inefficiencies. The third section briefly illustrates the difficult debate on reforms, particularly of the UN system, reviewing the position of different groupings among the member states while giving special attention to the stance taken by Italy and Pakistan. The concluding section emphasises the aspirational value of international law, which may allow a glimpse of some silver lining, based on the consideration of a pendulum-like trajectory of history and, thus, of international law itself.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.