Fragmentação do Direito Internacional e seus efeitos à luz de Koskenniemi e seus críticos

Abstract

International Law’s consolidation is directly linked to the formation of the modern state and the changes in relations between states. Its establishment is surrounded by discussions about the need for its existence and its effectiveness. In the late 1980s and during the 1990s – the end of the Cold War – neoliberalism boosted the specialization of themes within International Law, a phenomenon known as the Fragmentation of International Law. International regimes, judicial and quasi-judicial entities appeared and specialized in topics such as international trade, environmental issues and health. The present article seeks to review this process, which, although important, brought to light controversies as to whether it would really represent an evolution or a loss that would generate conflicts. Therefore, the work of authors Martti Koskenniemi and Fernando Henrique Castanheira, who lecture on the debate on Fragmentation and its effects on international law, is used in pro of this debate.