Jus communicationis e jus gentium: l'incertezza del diritto dopo l'11 settembre

From the fall of the Wall in Berlin to the collapse of the Towers in New York, in the field of law the notion of globalization has substantially been synonymous of new worldwide order. By giving value to the emergency of powerful agencies and new extra- , trans- and over-national law devices, this version has been above all characterised by the emphasis put on the necessity of de-construction up to the decay of the ordinamental structures rooted on the State-form, according to criteria unilaterally defined and/or inspired by western political-financial circles. After the terroristic action of September 11th, and the war action of the USA against Iraq, the questionable and controversial representation of a global or globalized worldwide order is not proposable any longer, and has become a real non-sense, given the evident violation of the whole international law system and the following absolute constitutional instability. How globalization has been implemented in the field of law has been analysed, putting in evidence limits and contradictions, and the reasons of the consequent unsuccess because of the organic link with the subsequent application of the preventive war concept. Recalling the ancient jus communicationis, theorised at the age of the American colonization, is useful to strongly criticise the existent relationship between the strategies of globalization and the imperial aims hidden behind the ideology of the universality of the western law model.

Vittorio Olgiati, Jus communicationis e jus gentium: l'incertezza del diritto dopo l'11 settembre in "SOCIOLOGIA DELLA COMUNICAZIONE " 37/2005, pp , DOI: