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Universalism And Particularisms In The Creation Process Of International Law

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Chapter Summary

This chapter discusses the recent developments of international law concerning multiculturalism and dialogue among civilizations by placing them into the broader context of universalistic and particularistic trends in the creation process of international law. It shows that such developments constitute a modern expression of the old tension between these two trends. The chapter discusses the particularistic approach adopted by the European-centered international legal order, its progressive opening, and the culmination of the universalistic trend represented by the establishment of the United Nations, the decolonization process and the process of development of international law deriving therefrom. It also describes instances in which and procedures whereby this universalistic approach has accommodated particularistic trends and the often dialectic engagement between universalism and particularism, underlying some familiar institutions of international law.

Keywords: civilizations; decolonization; international community; international law; multiculturalism; particularism; United Nations; universalism



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