Direito Internacional Público e a Governança Global (2014)

This course looks at the role of Public International Law in global governance, through the lenses of regime compliance and regime design. Another main motif that will run through the lectures is that contemporary public international law already structures and is in turn the product of much the sort of ongoing, global participatory process for which some proponents of its radical reform are heard to argue. That is, within the orthodox formal strictures of the existing international legal system, the generation, interpretation and application of operative rules of law and the certification of legal fact reflect a complex social dynamic, in part contestational, in part deliberative, among a heterogeneous array of state and non-state actors. This characterization of the present international legal system will be substantiated and the merits of such a system assessed through detailed attention to the rules and modern practice (with a strong emphasis on case-studies) on the creation of customary international law, reservations to and the interpretation of treaties, the application of customary and conventional rules, including the certification of legal fact, and the legal settlement of international disputes.