000			02900nam a2200241 4500
001			389986
090			_a389986
100			_a20110105d2009 y0pory50 ba
101			_aeng
200			_aThe transformation of international law _bRecurso eletrónico _fAntonio Segura-Serrano
210			_aNew York _cUniversity School of Law _d2009
215			_a1 CD-ROM _d12 cm
225			_aJean Monnet Working Paper _v12/09
300			_aISSN 1087-2221. Ficheiro de 256 Kb em formato pdf (39 p.). Também disponível em: https://centers.law.nyu.edu/jeanmonnet/papers/09/091201.pdf. Acedido a 5 de Janeiro de 2011. Resumo inserto no próprio documento.
330			_a"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.
606			_aHISTÓRIA DO DIREITO _9410421
606			_aDIREITO INTERNACIONAL _9627
700			_aSEGURA-SERRANO _bAntonio _9302563
955			_xOferta