The evolution of international law towards an ever-greater protection of common values comes not only from solidarity aims, whose effective implementation is often not a priority of the States, but comes, above all, from a sort of ‘instinct’ of self-preservation as a particular interest of each State and, at the same time, common to all States. Self-preservation would be difficult to pursue if the use of navigable spaces were to take place in contexts of human insecurity. Therefore, at present, while the principle of State sovereignty persists in its essence, what, in my opinion, gives innovative connotations to the international law of navigable spaces is how to regulate relations between NSAs and States as well as between independent States themselves within the process of transformation, for some humanization, of the international order. The role of the State in enhancing human security in navigable spaces will probably result in hybrid standard-setting procedures and rules and instruments. Furthermore, soft law of responsible State behaviour rules enjoys a certain importance in international law, notwithstanding their softness. It indeed may be an alternative and potentially powerful means of conceptualizing the future development of international law of navigable spaces.

Concluding Reflections: What Is the Role of the State in Enhancing Human Security in Navigable Spaces?

Cinelli Claudia
2021

Abstract

The evolution of international law towards an ever-greater protection of common values comes not only from solidarity aims, whose effective implementation is often not a priority of the States, but comes, above all, from a sort of ‘instinct’ of self-preservation as a particular interest of each State and, at the same time, common to all States. Self-preservation would be difficult to pursue if the use of navigable spaces were to take place in contexts of human insecurity. Therefore, at present, while the principle of State sovereignty persists in its essence, what, in my opinion, gives innovative connotations to the international law of navigable spaces is how to regulate relations between NSAs and States as well as between independent States themselves within the process of transformation, for some humanization, of the international order. The role of the State in enhancing human security in navigable spaces will probably result in hybrid standard-setting procedures and rules and instruments. Furthermore, soft law of responsible State behaviour rules enjoys a certain importance in international law, notwithstanding their softness. It indeed may be an alternative and potentially powerful means of conceptualizing the future development of international law of navigable spaces.
Cinelli, Claudia
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11568/1108154
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