Reflexões sobre o caráter normativo do direito internacional e sobre o papel da soberania

Abstract

International law is a systematized normative order, although criticism of this reality persists. Among these criticisms is that which presupposes that only a normative system such as the domestic legal orders could characterize a valid normative system, which is not correct since the international order does not need to reflect the same structure of the internal order to be configured as a system normative. Another argument raised is that there is no effective coercive system in the international order, however this finding is flawed since the application of coercive sanctions is not a requirement for norms or normative systems, but for their effectiveness. But if international law is a normative order, what is its difference in relation to other branches of law? Through the analysis of the work of authors of different positivist schools, this article proposes to demonstrate that sovereignty is the main element that differentiates international law from other branches of law. To this end, criticisms regarding the normativity of international law will be refuted, and it will be demonstrated that sovereignty is in the genesis of international law, legitimizing and attributing particularities to it.