Internationalization of Law Globalization, International Law and Com

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving

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Internationalization of Law Globalization, International Law and Complexity

Internationalization of Law

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Marcelo Dias Varella

Internationalization of Law Globalization, International Law and Complexity

Marcelo Dias Varella Campus do UniCEUB University Center of Brasilia Brasilia, DF Brazil

Translation from the Portuguese language edition: Internacionalização do Direito. Direito Internacional, Globalização e Complexidade by Marcelo Dias Varella, © Centro Universitário de Brasília 2013. All rights reserved © Springer International Publishing Switzerland 2014

ISBN 978-3-642-54162-9 ISBN 978-3-642-54163-6 (eBook) DOI 10.1007/978-3-642-54163-6 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014937514 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

To Paula, for our memory in Cape Town, on the first week of January 2010

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Acknowledgments

Over the several years devoted to this book, many people and institutions have played a fundamental role. I need specially to thank Paula and Mateus for their permanent understanding and encouragement. I would like to express my special appreciation (gratitude) and thanks to Mireille Delmas-Marty for o