segunda-feira, 2 de maio de 2011

Soberania, Estado e Direito Internacional. Cohen e MacCormick

Dois artigos tratam do assunto da relativização do conceito de soberania no

Whose Sovereignty? Empire Versus International Law (Jean L. Cohen)

This article focuses on the impact of globalization on international law and the discourse of sovereignty. We have been hearing for quite some time that state sovereignty is being undermined. The transnational character of “risks,” from ecological problems to terrorism, including the commodification of weapons of mass destruction, highlights the apparent lack of control of the modern nation-state over its own territory, borders, and the dangers that its citizens face.

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Beyond the Sovereign State (Neil MacCormick)

There is a widespread, but perhaps misguided, belief that there are a lot of sovereign states in the world, that this is a good thing, that the United Kingdom is one, and that it will be a bad thing if the UK ceases to be so. It is also a majority view that if the United Kingdom has a constitution at all, its central pillar is the principle of the sovereignty of Parliament. No sovereignty, no constitution; no constitution, no UK. There are perhaps a few wobbles as to where exactly sovereignty resides. Has not the Prime Minister recently assured the House of Commons that the 'Sovereignty of this House' is in no way infringed by the Maastricht Treaty?' But anyway, sovereignty is thought mightily important, and always somewhere to be found on the legal-political stage. The only issue is where.

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