Centro de Documentação da PJ
Monografia
 CD115 |
The transformation of international law [Documento electrónico] / Antonio Segura-Serrano.- New York : University School of Law, 2009.- 1 CD-ROM ; 12 cm. - (Jean Monnet Working Paper ; 12/09)
ISSN 1087-2221. Ficheiro de 256 Kb em formato pdf (39 p.). Também disponível em: http://centers.law.nyu.edu/jeanmonnet/papers/09/091201.pdf. Acedido a 5 de Janeiro de 2011. Resumo inserto no próprio documento.
DIREITO INTERNACIONAL, HISTÓRIA DO DIREITO
"Although this paper is entitled “The Transformation of International Law”, it does not put forward any general thesis about the great changes that have occurred in recent years in this discipline. It seeks to make a critical reflection on the current constitutionalization debates that certainly abound within the international literature. In the first part, after devoting some paragraphs to the current context in the international community, the paper focuses on questions such as globalization and the rule of law. In the second part, the paper introduces the main different projects defending the process of constitutionalization of international law. The debate on the constitutionalization of international law undoubtedly has European roots, but there are some differences in the intellectual approach taken by the doctrine on this question. The third part sets out the reaction triggered by the project on constitutionalization. Together with the differences in constitutional law culture that may be found in a comparative examination, the paper analyzes the problem of translating the constitutional framework beyond the state. The recurring themes of hegemonic law and the fragmentation of international law are also addressed. In the last section, the paper will finally make a general assessment of the ongoing constitutionalization debate within the discipline". ÍNDICE: 1. Introduction. 2. Current anxieties in international relations and international law. 2.1 Globalization. 2.2 The rule of law. 3. The constitutionalization project. 3.1 Constitutionalism based on values: the German school. 3.2 Constitutionalism based on the UN charter. 3.3 Global administrative law. 4. The legitimacy of the constitutionalization project or why international law as it is today shall prevail .4.1 Diverging constitutional law cultures. 4.2 The problem of translation. 4.3 Hegemonic law. 4.4 Unity and fragmentation of international law. 5. Conclusions.