In the past fifty years the European Union has managed to find the definition of an identity, which is not only internal but also external towards both the neighbouring countries (art. 1-56 of the Draft of Constitutional Treaty) or in a wider range, towards those of the whole international community (part.III, title V of the Draft). That has led the tradition of the European legal system to confront itself either with the non western legal tradition or with the western legal tradition and particularly with the great tradition of the American system of human rights. From the point of view of this book such system represents an international legal tradition within the frame of many different North-American and Latin-American contributions. This book investigates the formation, the structure and the “spreading” of this system (or of some parts of it) over the Asian-Pacific and the European areas, without neglecting its projections within the global space of human rights. This work is based on an innovative approach of Euro-compatibility and/or incomparableness which allows for the conception of the European Union of human rights not only as an open legal space but also as a closed legal space towards certain American values and standards. In the final part of this book some American-European law cases are reviewed which concern the limits emerging in the coordination between legal systems and “constitutional” conflicts between the American and the European legal-judicial space of human rights; a hypothesis of global insecurity of the same rights is put forward. The subject of this book is particularly significant after the 11th of September 2001; it is a contribution for a more correct comparison of the non western legal tradition with the western legal tradition.

Il sistema americano dei diritti umani. Circolazione e mutamento di una international legal tradition.

DI STASI, Angela
2004

Abstract

In the past fifty years the European Union has managed to find the definition of an identity, which is not only internal but also external towards both the neighbouring countries (art. 1-56 of the Draft of Constitutional Treaty) or in a wider range, towards those of the whole international community (part.III, title V of the Draft). That has led the tradition of the European legal system to confront itself either with the non western legal tradition or with the western legal tradition and particularly with the great tradition of the American system of human rights. From the point of view of this book such system represents an international legal tradition within the frame of many different North-American and Latin-American contributions. This book investigates the formation, the structure and the “spreading” of this system (or of some parts of it) over the Asian-Pacific and the European areas, without neglecting its projections within the global space of human rights. This work is based on an innovative approach of Euro-compatibility and/or incomparableness which allows for the conception of the European Union of human rights not only as an open legal space but also as a closed legal space towards certain American values and standards. In the final part of this book some American-European law cases are reviewed which concern the limits emerging in the coordination between legal systems and “constitutional” conflicts between the American and the European legal-judicial space of human rights; a hypothesis of global insecurity of the same rights is put forward. The subject of this book is particularly significant after the 11th of September 2001; it is a contribution for a more correct comparison of the non western legal tradition with the western legal tradition.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11386/1068301
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