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International Law - Law and Politics

In: Other Topics

Submitted By javibrow
Words 6162
Pages 25
Derecho Internacional Público

I. “The conventional wisdom, which runs very deep in the myth system of our civilization, holds that there is a sharp distinction between law and politics, a mutual exclusiveness, even an antithesis. Law is decision according to principles, we are told: reasoned decision. Politics is decision according to power. . . . A moment’s reflection will show that this distinction between law and politics is artificial, even preposterous. Notions of authority, expectations of what is right with regard to social choices, play a major role in politics; conversely, power is a very critical and indispensable factor in law. . . . Power and authority are always co-present to varying degrees. This notion of the co-presence of authority and power or control is fundamental to legal theory . . . .” * Michael Reisman

La separación entre la ley y la política, como se entiende tradicionalmente, es una falsa dicotomía: la ley es un elemento de la política, y por consiguiente, el poder. Estoy de acuerdo en que este es un punto vital que apreciar, en particular en el sistema jurídico internacional. Para evaluar mejor la teoría, se debe analizar la creación del Derecho Internacional y como la relación ley-poder llegó a crear el estado-nación que da lugar a tal institución.
Para comenzar, se define el estado nacional como una organización política de población homogénea que comparte cultura, lengua, etc. con un gobierno que sirve a los intereses de esta. En los Siglos XVI y XVII, comienza a surgir un aumento a lo que es denominado un estado nación. A mediados del Siglo XVII se concreta la nación estado, debido a varios acontecimientos:
1) Surge la Reforma Protestante. Ésta respondía a las necesidades del pueblo al cuestionar las interpretaciones bíblicas y la Doctrina Católica que se usaba para subordinar a masas de personas. Decir que los

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