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- Title
The collapse of the material foundations of Westphalian International Law.
- Authors
Diniz, Eugenio; Proença Júnior, Domício
- Abstract
This article corresponds to a diagnosis that affirms the collapse of the material foundations of coercive power, the hard constraints ofany political direction that seeks to reform of international regulation. It takes the matter within the broad parameters associated withInternational Law derived from the Treaty of Westphalia, including some of its developments. The evolution of International Law is addressedthrough the perspective of Strategic Studies to show how the Westphalian order was consistent with then-current underliningstrategic, tactical and logistical realities, and then proceeds to demonstrate how those underlining realities have changed. The contrastbetween current International Law and current strategic, tactical and logistical realities exposes the former as fundamentally at odds,with the latter, which is an untenable situation. Failure to directly address those inconsistencies in an intellectually sustained efforttends to perpetuate a state of affairs in which International Law will be redefined exclusively by the decisions of the powerful and thearbitrary rule of the stronger.
- Subjects
PEACE of Westphalia (1648); CODIFICATION of international law; INTERNATIONAL law; WEAPONS of mass destruction (International law); TERRORISM laws; INTERNATIONAL relations -- Law &; legislation
- Publication
Revista de Sociologia e Política, 2015, Vol 23, Issue 54, p9
- ISSN
0104-4478
- Publication type
Article
- DOI
10.1590/1678-987315235402