[Coluna] CONSTITUTIONALIZATION OF INTERNATIONAL LAW AND THE UN CHARTER ON AN INTEGRATED ANALYSIS

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[Coluna] CONSTITUTIONALIZATION OF INTERNATIONAL LAW AND THE UN CHARTER ON AN INTEGRATED ANALYSIS

Journal Title: O Cosmopolítico - Year 2020, Vol 6, Issue 1

Abstract

The international realm could be defined as indefinite if it is taken into account the unpredictability brought by the anarchic system. In this sense, the concept of order emerges as an essencial issue for human beings socialization and the organization of institutions and relations of power, because it is characterized by a set of foundation and specific rules that make human interaction predictable. Thus, it works as an antidote to the indefinition of anarchy, which scares decision makers and rulers from all over the world in making policies and plans. Regarding to this, international law can be a good example of an instrument of ordering, since it tries to define actors, values and principles; and predict actions, reactions and penalties, as well. Based on this assumption, many scholars have been considering that the constitutionalization of international law “would be able to draw the conclusion of the increasing institutionalization of the international realm” (PAULUS, 2009, p.69) and also to resolve the issues of legitimacy and authority, between domestic and international law. It is clear that it is not an easy process, it does not have the approval of the majority and the possible ways in which it could be realized are divergent. However, it is based on the belief that institutionalization and materialization of interests and values are essential to the international community.

Authors and Affiliations

Isabela Gonçalves Araujo

Keywords

International Law UN Constitutionalization

EP ID EP697864
DOI -
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