A influência da concepção clássica de soberania na ausência de normas internacionais sobre espionagem em tempos de paz

Abstract

This article proposes to analyze the extent to which the classical conception of sovereignty, based on the idea of the State’s unlimited power, interferes with the absence of international codification on espionage in times of peace. Initially, the concept of sovereignty and its historical evolution since the Peace of Westphalia are examined, a milestone that consolidated principles such as state sovereignty, legal equality, and non-intervention, drawing on authors such as Emmerich de Vattel, one of its central exponents, whose work served as a reference for classical International Law. Next, the article seeks to understand espionage in the international sphere, comparing its initial purposes, linked to armed conflicts, and, subsequently, its transformation into an instrument of states’ political strategy. Subsequently, it demonstrates how transformations in international relations reveal the insufficiency of the Westphalian paradigm of sovereignty as a parameter for International Law. In conclusion, the article argues that the classical conception of sovereignty directly contributes to maintaining this international normative gap regarding espionage in peacetime.