A cosmopolitização do direito internacional rumo à maior efetividade dos tribunais internacionais

Abstract

This paper examines the possibility of using cosmopolitanism as a way to increase the effectiveness of decisions taken by International Courts. To this end, Kant's theory of cosmopolitanism is presented, as discussed in several of his works. Then, ideas from contemporary authors will be addressed, focusing on Habermas's concepts, but going through thoughts of Appiah, Beck and Bilbeny. The problems about sovereignty and coercibility in contemporary International Law will be discussed through the idea of classic authors such as Grotius and Rousseau, and more current theories such as those of Kelsen and Habermas. The matter of sovereignty in Community Law will also be addressed, especially at the European level, to later demonstrate the existing mechanisms for implementing the decisions of International Courts and present concrete cases of disrespect of their decisions. For this, were chosen the International Court of Justice, the European Court of Human Rights, and the Inter-American Court of Human Rights. Finally, it is proposed the application of cosmopolitan law as a mechanism for the effectiveness of the decisions of the International Courts. Lastly, in the fourth chapter the concept of Fraternal Law is presented to later focus on hospitality, first in Kant's view, and next in hospitality as thought by Derrida.