EL PROBLEMA DE LA EFECTIVIDAD DEL DERECHO INTERNACIONAL PÚBLICO
The problem of Public International Law effectiveness hasbeen continuously analyzed by international law legal scholars.Very useful approaches have already been identified and nowa wide range of theories as to how to tackle this importantissue can be pinned down: From those who believe in a“realisti...
| Autor Principal: | Téllez Núñez, Andrés; Pontificia Universidad Javeriana |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Editorial Pontificia Universidad Javeriana y Facultad de Ciencias Jurídicas
2005
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/internationallaw/article/view/14047 |
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| Sumario: |
The problem of Public International Law effectiveness hasbeen continuously analyzed by international law legal scholars.Very useful approaches have already been identified and nowa wide range of theories as to how to tackle this importantissue can be pinned down: From those who believe in a“realistic approach,” to those who try to find in deepphilosophical reasons the problem of effectiveness, all legal scholars try to explain why entities in the international arenashould behave in a way that permits human beings to fulfill thedivine (or Absolute) mandate: that of achieving their ownhappiness. The underlying idea of this paper might be explainedby saying that we try to find an explication that satisfies at thesame time, both the plane of “What it is” and the plane of“What ought to be or what should be (The “Must-Be”plane).” And in this sense, this paper which tries to do so byusing a multidisciplinary approach (as we use not only thejuridical sciences, but also HABERMAS’ “Social Philosophy,”the JACKSON’S International Economic Law approach and thepolitical science as well as the political economy and thepsychology), concludes that for Public International Law toexist, and in fact, it does exist, it has to be effective, and indeedit is. The problem is describing how it is effective; hence aconclusion is laid out in the sense that only a customary-timerestrained and times-oriented/focused international law isthat which is effective. That is what reality shows, so in a waythis paper might fall down under the label of what legalscholars throughout the world have called the “realisticapproach.” |
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