Banca de DEFESA: Patrícia Ramos Barros

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Patrícia Ramos Barros
DATE: 28/05/2024
TIME: 14:30
LOCAL: https://www.google.com/url?q=https://teams.microsoft.com/l/meetup-join/19%253ameeting_Mjg1MjcxMzQtYT
TITLE:

Beyond the universalism of international law: Sá Vianna's internationalist thought in the context of the beginning of the 20th century

KEY WORDS:

international law history, historical contextualism, Sá Vianna, universalism, regionalism.

PAGES: 286
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Latin America has very rich and complex past experiences in matters of international law, with renowned international lawyers, such as Manoel Álvaro de Souza Sá Vianna, Alejandro Alvarez, Andrés Bello, and Carlos Calvo. The debate led by Sá Vianna and Alejandro Alvarez, at the beginning of the 20th century, about the existence of American international law, for example, is well known in Brazil and Latin America. The role played by Sá Vianna, however, has been neglected by the Latin American historiography of international law. It is common for his position to be presented only as a counterpoint to Alvarez's opinion, suggesting that he was a discordant voice in the intellectual scene of the time. This thesis is situated in this historiographical gap. From historical contextualism, it sought to review Sá Vianna's arguments to understand what the idea of universalism of international law that he defended consisted of. The Brazilian intellectual context from the turn of the 19th to the 20th century was analyzed, as well as the context of international law at the time in Latin America and Europe. The central argument is that Sá Vianna's universalist perspective did not correspond to a political alignment with Europe to the detriment of regional interests, but it consisted of valuing theoretical aspects of the discipline and rejecting US imperialism promoted by Pan-Americanism. Sá Vianna's universalism can be understood from two conclusive statements. First, the author considered it impossible theoretically and logically to support the existence of an “American” “international” law. The ideas of universalism and regionalism are exclusionary. International law is the set of legal norms that has been agreed upon by all nations and is therefore applicable to all of them. Having been subject to universal adjustment, it is not possible to give it a regional connotation. Second, there was a political project underlying the defense of American international law, a project that was contrary to the interests of the American continent. In this sense, raising the banner of a continental international law, along the lines propagated by Pan-Americanism, was not interesting to Latin American countries, as it encompassed a project of political-economic domination through that same legal body of regional norms.

COMMITTEE MEMBERS:
Externa à Instituição - LILIANA OBREGÓN - UNIANDES
Externo à Instituição - LUIS CLAUDIO VILLAFAÑE GOMES SANTOS - MRE
Externo à Instituição - ANDRÉ MELO GOMES PEREIRA - UFRN
Presidente - 2320110 - GEORGE RODRIGO BANDEIRA GALINDO
Interna - 1165218 - LOUSSIA PENHA MUSSE FELIX