Multilateralismo e diritto internazionale: riflessioni critiche

This essay examines the alleged crisis of multilateralism in international law, challenging claims about its «decline» or «end». It argues that such views often reflect a partial and historically uninformed understanding of the international legal order and proposes to distinguish between substantive dimension and institutional issues. Focusing on the substantive dimension, the essay analyzes three core principles: the prohibition of the use of force, the self-determination of peoples, and the prohibition of serious and systematic human rights violations. It shows that increasing political fragmentation and the selective application of these norms are leading to a convergence of state inaction in response to their breaches, raising concerns about their continued validity and suggesting a process of deconstitutionalization rather than collapse. The essay then turns to the crisis of major multilateral institutions, notably the UN and the WTO, highlighting both structural challenges and potential resilience. It concludes by outlining possible paths to counter deconstitutionalization and preserve the future of institutional multilateralism.