The application and reconstruction of international law by domestic courts : an analytical framework for the judicial mediation of a cosmopolitan and emancipatory international law

In: http://hdl.handle.net/11427/4713

Open Access

Abstract

Includes abstract. ; Includes bibliographical references. ; The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future in 'Lifeboat Earth', a number of global storms are brewing, ranging from catastrophic environmental degradation to an economic meltdown and political instability, accompanied by grave human suffering – all of which can be addressed only through ecumenical cooperation at a global level. This, in turn, presupposes a global system of regulation. Thus far, the only regime available has been international law. Hence, it is imperative that it is (or becomes) justifiable, persuasive and relevant for all its participants and recipients. The study construes this to mean that international law must be cosmopolitan, that is, globally relevant and counter-hegemonic, and thereby emancipatory, which signifies a normative order wherein human potential can flourish.