ISBN: 978-1-03260-589-0
Morten Bergsmo
Centre for International Law and Research (CILRAP)
This creative and insightful monograph seeks to re-imagine international justice so that it ‘echoes the shared core of humanity beyond assigned identities’. The author recognizes the search for unity – the ‘unitary impetus’ – as the heart of international justice and sees ‘forging a shared sense of unity in the face of pressing global crises’ as our key challenge. She predicts that an ‘international justice 2.0 is destined to drift away from the traditional state-centric model of compromise and deterrence’ (which does not adequately account for the modern ‘heteropolar world’ of states, corporations, NGOs and ‘alliances shaping the global discourse’), to co-operation based on the ‘universality of human experience as its core foundation’. Art can create experience that takes us outside habitual thought patterns, helping us to move ‘from thinking in certainties […] towards thinking in possibilities’, in order to explore new ways of ‘constructing (legal) belonging’. She underlines the importance of identifying the ‘moments initiating a sense of consensus’, later producing specific language and patterns of thought that can lead to the development of institutional structures. Drawing on Durkheim’s understanding of religion as acts contributing to building the identity of the collective and of individuals through mutually-reinforcing bonds, Aksenova observes that it is possible to perceive the discipline of international justice as a ‘quasi-religious endeavour at a global level’: the secular international legal process promotes a ‘value-based system and serves as a glue for individuals across countries. International justice as a framework allows for solidarity that goes beyond any specific identities’. While unleashing our imagination, it remains to be seen whether the international law community can live up to expectations or if other normative projects will rise to the challenge.