PP019
Analítico de Periódico
P89_3
P89_3
ESCARAMEIA, Paula
Quando o mundo das soberanias se transforma no mundo das pessoas : o Estatuto do Tribunal Penal Internacional e as Constituições Nacionais / Paula Escarameia
THEMIS - Revista da Faculdade de Direito da UNL, Coimbra, n.3 (Ano II.2001), p.143-182
Estante n.º 13
CONSTITUIÇÃO, TRIBUNAL PENAL INTERNACIONAL
The article begins with the analysis of the changing nature of present-day International Law, no longer based exclusively on the sovereign territorial unit but not yet on other actors or values either. It also looks at how the creation of the international criminal courts is, at the same time, a product of and a challenge to this legal order. The article then focuses on a comparative study of constitutional issues that arose at the time of ratification of the treaty instituting the ICC as a consequence of the characteristics that pre-announce a new model in international legal order, nanely the questions of immunities, of extradition of nationals and of life imprisonment. It then analyses the Portuguese case, the author making the argument that, legally, no amendment to the Constitution was necessary since the question is not one of interpretation of its norms but one of lack or incompleteness of concepts and institutions to deal with new realities.