Comunità internazionale e ordine globale

This study outlines the evolution of the international legal order from the way it took shape in the immediate post-war period to the collapse of the bipolar system, and subsequently examines the phase extending from 1989 to the present day. With regard to both periods, it seeks to identify the model to which the international order was expected to conform, as well as its actual developments. In light of these developments, the study also reflects on the capacity of the international order to ensure not only peaceful, but also more just forms of international coexistence. As for the contemporary phase, the analysis highlights the progress achieved despite the persistent gap between the main features of international law and the aspirations envisioned in the immediate aftermath of the Second World War. Particular attention is devoted to the critical aspects of this evolution, especially the insufficient constitutionalization of the international legal order and the widespread dissatisfaction with some of its concrete developments, which had already emerged before the current situation took shape. The study advances the hypothesis that the present condition of the international order is, at least in part, attributable to the direction its evolution has taken over the last three decades. Starting from the essential features of the current state of affairs, the study finally attempts to outline, insofar as reasonably possible, some general prospective considerations. More specifically, while acknowledging the risk of “deconstitutionalization” currently facing the international legal order, it puts forward several proposals aimed at addressing this danger, both in order to safeguard the realization of already protected global interests and with a view to broadening or redefining them.