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| Author(s): |
Fernando Henrique Castanheira
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | Campinas, SP. |
| Institution: | Universidade Estadual de Campinas (UNICAMP). Instituto de Filosofia e Ciências Humanas |
| Defense date: | 2015-08-17 |
| Examining board members: |
Andrei Koerner;
Marrielle Maia Alves Ferreira;
Paulo Cesar Souza Manduca;
Frederico Normanha Ribeiro de Almeida;
Samuel Rodrigues Barbosa
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| Advisor: | Andrei Koerner |
| Abstract | |
This thesis deals with the expansion and specialization of international legal normativity. Starting from the 2000¿s, it has become common to say that international law is fragmented or is fragmenting. On the other hand, the literature of international relations discusses the legalization of international politics. It should be said that these two approaches are depart from the same set of processes and institutions that has been intensified, particularly since the Second World War. Among these processes were the multiplication of treaties and other international instruments and the propagation of international organizations (especially international tribunals and quasi-judicial institutions. Our main question is not what can it, but how fragmentation and the legalization were possible. I mean, from what set of relations between processes, institutions, concepts, theoretical choices and themes, in addition to forms and enunciation spaces these discourses was possible. And how this set of relationships, this dispersion, constitute new ways to think, speak and act on international legal normativity. In other words, to what extent those discourses creates new kinds of knowledge and how these relations of power and knowledge constitute and is constitutive of international law or international legal normativity. To achieve this objective, the strategy was at first (chapter 1), to trace the emergence of regimes in both fields (international law and international relations), exploring the ways of their enunciations, objects, concepts and theoretical strategies in both fields. The second chapter offers an analysis of ways in which the diffusion of international regimes was discussed (in terms of fragmentation of international law and legalization of international politics), searching continuities and discontinuities between the two fields. The third chapter is a case study, which comprises the diffusion of international regimes (including courts and international courts). Through the legal mobilization approach we analyze different dimensions of the case seeking to confront it with the theories of legal regulation and fragmentation, exploring their gaps and shortcomings and pointing to a constitutive perspective of contemporary international legal normativity (AU) | |