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Public International Law: A Forerunner in the Field of Global(ization of) Law

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Chapter Summary

Public international law has, in several ways, reached the status of global law. This chapter discusses aspects of international lawmaking, while underlining that the emphasis should be more on processes of globalization than on global as such: in most cases there is a long way to go. It is important to underline one overriding characteristic of public international law: "the consent to be bound". The discussion on genocide is not anymore on the question whether States are bound by the duty to prevent and refrain from it, but about the application of and limits to the concept of genocide as expressed in judgments of, especially, international criminal courts. Also important is the question of who has jurisdiction to go after the crime of genocide, apart from the States concerned. The chapter also offers some 'second thoughts' on several aspects of the relation between international law and transnational, global law.

Keywords: genocide; global law; globalization; international criminal courts; international lawmaking; public International Law; transnational law



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