Durham E-Theses Towards a Human-Centred International Law: Self-Determination and the Structure of the International Legal System SPARKS, THOMAS,MATTHEW,SMITH How to cite: SPARKS, THOMAS,MATTHEW,SMITH (2017) Towards a Human-Centred International Law: Self-Determination and the Structure of the International Legal System, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/12408/ Use policy This work is licensed under a Creative Commons Attribution Non-commercial No Derivatives 3.0 (CC BY-NC-ND) Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail:
[email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 Towards a Human-Centred International Law: Self-Determination and the Structure of the International Legal System Thomas Matthew Smith Sparks Thesis submitted for the degree of Doctor of Philosophy Durham Law School Durham University Palatine Centre Stockton Road Durham 2017 Abstract In recent years a number of scholars (most notably Anne Peters, Christian Tomuschat, Ruti Teitel and Antônio Augusto Cançado Trindade) have identified an ongoing process of change in the international legal system’s relationship with individuals and groups of individuals. That change has been referred to as a humanisation of international law. This thesis contributes to that area of study by offering an account of the deep level changes to the foundations of the international legal system, which it argues are both driving and are recursively driven by changes in substantive international law. It finds the explanation for these changes in the idea of the self-determination of the individual, and it argues that this concept has now become a structural principle (a term borrowed from Giddens, 1984) of the international legal system.