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- Title
O direito internacional do desenvolvimento e suas raízes imperialistas no contexto do pluralismo normativo: por um paradigma libertário e não (neo)liberal.
- Authors
Silva de Souza, Lucas; Lopes Saldanha, Jânia Maria
- Abstract
The present study, in its first part, will address the Eurocentric imperialism of international law and its influence today. At a time when the civilizational discourse is transformed into the developmentalist that no longer categorizes peripheral countries as barbarians, but wedge the developed / underdeveloped dichotomy. In the second part of the work, will be exposed the weakening of sovereignty by the multiplication of sources, norms, operators and users of international law. Reality that added to the mathematical abstraction, fruit of a conception of development based on the accumulation of the capital, fomented the creation of the indicators of sound management, among them the rankings and classifications such as the Doing Business report. The above panorama challenges jurists to rethink development in a context where the old imperialism merges with new emerging norms in a global society, a fact that justifies the relevance of this research, wich problematic comes from the following question: how to delineate the the basis of a new International Development Law in the context of legal pluralism that effectively promotes Global Justice and does not perpetuate the imperialist roots of international law? Its primary goal, therefore, is to help change this paradigm through a vision of development beyond economic. We conclude that, for this, development must be seen from a libertarian perspective and not (neo) liberal. In order to approach the research, it will use the pragmatic method, otherwise, the study will be relegated to economics or philosophy. Regarding the procedure, the historical and monographic methods will be adopted.
- Publication
Revista de Direito Internacional, 2019, Vol 16, Issue 1, p201
- ISSN
2236-997X
- Publication type
Article
- DOI
10.5102/rdi.v16i1.5928