Constitutionalization realism of international law.

Authors

  • Caíque Tomaz Leite da Silva Universidade de Coimbra - Portugal

DOI:

https://doi.org/10.5433/1980-511X.2014v9n1p135

Keywords:

Territoriality, Absolute sovereignty, Constitutionalization, Bill of Rights

Abstract

Initially characterized the Westphalian paradigm in relations between states, stressing among its main features territoriality, willingness, and in relations between state and subject, the objectification of man based on the absolute sovereignty of the state . Later , in the aftermath of demoralization producer of natural law absolutism of positive law , man transcends the axiology of being- person , which entered the orbit of relations between states as subjects of autonomous right . This axiom weakened by the absolutism of sovereignty acquires, also in international relations, constitutional rules tutelage of his personality recognizer already detached from territoriality required by diplomatic protection. Thus, the direct tutelage of international constitucionaliza to be person and limits the actions of the protagonists of classic international law through the proclamation of the international bill of rights

Author Biography

Caíque Tomaz Leite da Silva, Universidade de Coimbra - Portugal

Doctorate Student in Public Law and Post-Graduate in Human Rights from the University of Coimbra (POR) . Specialist in Civil Law and Civil Procedural Law . Examining Committee of the American University ( USA ). Visiting Professor of the course Postgraduate Diploma in Human Rights at the University of Coimbra. Member of the working group of Portuguese-Brazilian version of the book " Understanding Human Rights " at the University of Coimbra, Coimbra Editora . Professor of Integrated Schools Antonio Eufrásio of Toledo (BRA ) . Professor at the Higher School of Law ( ESA).

Published

2014-04-30

How to Cite

Silva, C. T. L. da. (2014). Constitutionalization realism of international law. Revista Do Direito Público, 9(1), 135–162. https://doi.org/10.5433/1980-511X.2014v9n1p135

Issue

Section

Artigos