Gianluigi Palombella

On the Potential and Limits of (Global) Justice through Law: A Frame of Research

  • Abstract

Informations and abstract

Keywords: Justice; Complexity; Indivisibility; Human Rights; Responsibility.

Beyond the objection that global justice needs the creation of a global coercive power, this article focuses on the role of legality. International and suprastate norms shift our attention from the need for moral foundations to the actual implementation of rules and the fight around interpretation. Avoidance of injustice is to be addressed by way of new legal methodologies, taking into account notions like complexity, indivisibility, and responsibility; resorting to experimental forms of regulatory incentives and guarantees; and touching upon a range of interconnected "sides," making it necessary to progressively integrate justice or human-rights safeguards as internal legal counterweights in the mission of any global regime. This, finally, implies careful consideration of the divergent outcomes that may stem from single one-sided remedies.

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