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Conclusions: International Law For Humankind – Towards A New Jus Gentium

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Chapter Summary

Traditional International Law, in force at the beginning of the XXth century, was characterized by unlimited State voluntarism, reflected in the permissiveness of recourse to war, secret diplomacy and the celebration of unequal treaties, the maintenance of colonies and protectorates and zones of influence. In mid-XXth century the necessity was recognized of the reconstruction of International Law with attention turned to the rights of the human being. The universal juridical conscience is the ultimate material source of International Law (as of all Law), and accounts for the current construction of a new jus gentium, asserting the idea of an objective justice, the International Law for humankind. The new jus gentium of the beginning of the XXIst century, emerging from the fragmentation of jus inter gentes, rescues, in its reconstruction, the vision and ideals of the founding fathers of the discipline.

Keywords: International Law for Humankind; jus gentium; Public International Law



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