Aplicabilidade do direito internacional público: a eficácia dos mecanismos sancionatórios ante as soberanias estatais

Abstract

The transformations that International Law has undergone throughout history, especially in recent decades, are the key to understanding the main paradoxes raised by critics about its effectiveness. Classical doctrine has difficulties in encompassing the peculiarities of contemporary international law, as it has been suffering a kind of paradigmatic crisis, which substantially affects its foundations. Increasingly, it is observed that the international jurisdiction encounters problems when applying the sanctioning mechanisms determined to some countries, this occurs, among other reasons, due to the respect that must be paid to the national sovereignty of each State, which may not accept to submit to international collective interests for the most diverse reasons. Therefore, what was proposed with this research was, through a bibliographical and documental review, to globally analyze the effectiveness of these sanctioning mechanisms in a current context of cooperation between international actors, using a conceptual-analytical method so that one can understand the different perspectives of this phenomenon.