El constitucionalismo global: ¿oportunidad para un derecho internacional más unitario y coherente?
This paper makes an approach to the fragmentation of International Law, connecting it to global constitutionalism as an opportunity to provide it unity and coherence to this Law. Divided into three parts, the first characterizes the development of International Law as created from closed legal regim...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7169115 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 45, 2020 (Ejemplar dedicado a: Enero-Abril), pags. 101-119 |
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| Summary: |
This paper makes an approach to the fragmentation of International Law, connecting it to global constitutionalism as an opportunity to provide it unity and coherence to this Law. Divided into three parts, the first characterizes the development of International Law as created from closed legal regimes, a situation that makes it lose unity and coherence due to conflicts between its norms; the second, attempts an outline of global constitutionalism as a concept that includes multiple conceptions of the management of Law and power on a world scale, which, through measures such as the delimitation of competences of international subjects, the interpretative reorganization of the structure of this normative order or the introduction of corrective measures in its institutions, it seems to be able to provide it unity and coherence; the third, makes some considerations about this constitutionalism like an opportunity to have a more cohesive International Law, at the same time, it exposes certain questions which may well be an agenda for future research about the topic. |
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