New paradigms of international legal cooperation and the contemporany of sovereignty

Authors

  • Henrique Gentil Oliveira Catholic university of Brasilia.
  • Julio Cesar de Aguiar Catholic university of Brasilia.

DOI:

https://doi.org/10.5433/1980-511X.2017v12n2p77

Keywords:

International legal cooperation. Sovereignty. Human rights. New paradigms.

Abstract

Initially, the paper will do a brief historical tour of the recent expansion of the application of international legal cooperation, analyzing how the fast moving of people and richness around the world in the twentieth century increased the number of problems that cannot be solved by a state on it's own, making sovereignty - at first, an isolation mechanism - connect nations with common purposes. In sequence, will show how the incidence of the modern international law in the resolution of some border problems forced international legal cooperation to transform itself from a simple tool of the International Criminal Law into an essential tool for the satisfaction of human rights, with the development of treaties to support the new task, analysing some of those treaties. Continuing, the paper is going to reveal that the "world of sovereignties" is becoming a "world of people" and that the contemporary definition of sovereignty contains the duty to cooperate. In conclusion, the paper is going to reaffirm that making sovereignty tougher in order to avoid cooperation certainly weakens the ability of the states to control what happens in their territories and, consequently, their sovereignty.

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Author Biographies

Henrique Gentil Oliveira, Catholic university of Brasilia.

Master's degree in Law from the Catholic University of Brasilia. Specialist in Law from the University of Southern Santa Catarina. Attorney of the Republic.

Julio Cesar de Aguiar, Catholic university of Brasilia.

PhD in Law, pela University of Aberdeen, UK. Doutor em Direito pela UFSC. Mestre em Filosofia, pela UFG. Professor da graduação e do mestrado em Direito da Universidade Católica de Brasília. Pesquisador colaborador do Instituto de Psicologia da UnB. Procurador da Fazenda Nacional.

Published

2017-08-29

How to Cite

Oliveira, H. G., & Aguiar, J. C. de. (2017). New paradigms of international legal cooperation and the contemporany of sovereignty. Revista Do Direito Público, 12(2), 77–103. https://doi.org/10.5433/1980-511X.2017v12n2p77

Issue

Section

Artigos