Suchergebnisse

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

This work analyzes the Agenda 2030 in its main potentiality to lead public policies and private actions towards a more sustainable path. At the same time it acknowledges its dependency on measurements and finance mechanisms for the Sustainable Development Goals implementation. The main argument is that public expectations face difficulties to be translated in public actions, due to, among other factors, the lack of measurement and finance mechanisms. With this purpose it starts describing what is the Agenda 2030, and how this United Nations lead international declaration is structured to be monitored and implemented by States and others multi stakeholders. Secondly it analyses the importance of the measurements to address critical social environmental challenges and to allow comparison between the achievements of each member state. Third it remarks the role-played by international financial institutions, by international investment and by the private sector in general. Forth, the article highlights the drawbacks the methodology of goals can represent when used to overcome collective challenges marked by moral issues and diffuse impacts, being highly dependent on measurements and finance tools. The methodology chosen was the descriptive and normative, the techniques used were documentary, legislative and bibliographic research.

Habermas discusses the chances for the establishment of world citizenship in contemporary society, marked by multiculturalism and the process of globalization. Habermas identifies the historical configuration of the post-national constellation, and from there themed the transition from international law to the law of citizens of the world, which aligns the concept of citizenship to the idea of ​​human rights. Habermas analyzes the Kantian idea of ​​a cosmopolitan state in which citizens are legal subjects of their respective States and members of a cosmopolitan entity. Kant elaborates on the concept of world republic, which Habermas disagrees with, but offers the example of the European Union for a discussion on the realization of a just and peaceful international order. Based on the Kantian orientation of constituting an order of world citizenship, Habermas discusses the conformation and viability of this idea in contemporary times. For Habermas, it is possible to spell out the idea of ​​cosmopolitan citizenship. From the European Union, cooperation between States and citizens shows that a cosmopolitan community is needed to complement an international community of States.

Self-determination is a crucial concept in establishing the legitimacy of political communities in the international system, and thereby in constructing social identities and political loyalties. At the most general level, self-determination refers to an idea of a right to freedom. In international politics, it also refers to a norm on ways of bounding political communities. At the same time, what self-determination precisely means is contested and contingent. I argue that self-determination evolves today amidst a tension between the challenges of diversity and liberal peace dictates. While diversity has to do with varieties of cultural expression, socioeconomic organization and political status, liberal peace dictates concern global governance practices that tend to impose previous liberal models of democracy, development and human rights. The essay first presents the evolution of the meaning of self-determination in international politics. Then it addresses critical approaches upon contemporary liberal peace. The remaining sections analyze how contemporary self-determination movements present claims highly suggestive to rethink forms of political community, of state-community relation, and of participation in global governance structures.

The present study analyses the taylorian concept of irreducibly social goods. Besides that, aims to evaluate the possibity of existence of intrinsically social goods, or if all the goods, ultimately, shoud be understood only as goods originally formulated as individual goods. If there are intrinsically social goods, what consequence does this point of view have for the treatment of collective rights? The treatment of these questions is carried out by Taylor's article Irreducibly Social Goods, where the Canadian philosopher states that there are convergent goods and irreducibly social goods. Convergent goods would be those that can be broken down into individual goods, that is, those that only individual can access; on the other hand irreducibly social goods are those shared by a human group or having a common meaning given by a background, this goods have not be broken down into individual goods. Finally, the study aims to present the consequences of this discussion in relation to the concept of collective rights.

Self-determination is a crucial concept in establishing the legitimacy of political communities in the international system, and thereby in constructing social identities and political loyalties. At the most general level, self-determination refers to an idea of a right to freedom. In international politics, it also refers to a norm on ways of bounding political communities. At the same time, what selfdetermination precisely means is contested and contingent. I argue that self-determination evolves today amidst a tension between the challenges of diversity and liberal peace dictates. While diversity has to do with varieties of cultural expression, socioeconomic organization and political status, liberal peace dictates concern global governance practices that tend to impose previous liberal models of democracy, development and human rights. The essay first presents the evolution of the meaning of self-determination in international politics. Then it addresses critical approaches upon contemporary liberal peace. The remaining sections analyze how contemporary self-determination movements present claims highly suggestive to rethink forms of political community, of state-community relation, and of participation in global governance structures.