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The expansion of international law: a matter of values
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| Author(s): |
Elaini Cristina Gonzaga da Silva
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2011-09-12 |
| Examining board members: |
Alberto do Amaral Junior;
Umberto Celli Junior;
Geraldo Miniuci Ferreira Junior;
Liliana Lyra Jubilut;
Deisy de Freitas Lima Ventura
|
| Advisor: | Alberto do Amaral Junior |
| Abstract | |
From analysis of the factors underlying the idea of law as a system behind the discussion of the \"fragmentation\" of international law, this thesis, analytical in nature, argues, that the expansion of international law in the twentieth century was accompanied by a change in the concept of legitimacy, which is no longer restricted only to the State as a producer of international standards, but requires substantive parameters to guide the resolution of conflicts between rules from different normative spheres. However, unlike domestic domains, where the legal system establishes a hierarchy of norms neutralized by the ideology of the existing regime, in international relations, the horizontality of the norms of international law reflects the absence of such a chain of values, nor even the proliferation of secondary standards in the second half of the twentieth century managed to change the fundamentals of international jurisdiction, which still faces several constraints associated with the characteristics of the international law of coexistence. These problems will be highlighted by the analysis of what occurs in the WTO and, among the several disputes involving standards from different normative spheres, the case of Brazil Measures Affecting Imports of retreaded Tyres (European Union v. Brazil) [hereinafter Brazil - retreaded Tyres]. (AU) | |
| FAPESP's process: | 08/04045-0 - The role of law in the relationship among international law regimes: an analysis of the World Trade Organization (WTO) |
| Grantee: | Elaini Cristina Gonzaga da Silva |
| Support Opportunities: | Scholarships in Brazil - Doctorate |