Around the Pyramid: Political-Theoretical Challenges to Law in the Age of Global Governance

Authors

  • Salem Hikmat Nasser FGV Direito SP
  • José Garcez Ghirardi FGV Direito SP

DOI:

https://doi.org/10.5102/rdi.v15i1.4934

Keywords:

Transformations of Law, International Law, Global Governance, Depoliticization, rational choice

Abstract

The idea of global governance has become central to debates on international relations. It has been hailed as the most performing strategy to articulate the multiple, concurring, sometimes conflicting interests of the increased number of global players. The relevance of this popularity goes much beyond the practical reasons often invoked in favor of its adoption. It bespeaks a process of a deep transformation of the very theoretical frameworks within which Law, in general, and international Law, in particular, have been conceived. This paper argues that prevailing understandings of global governance risk contributing to depoliticize the exchange between States, as it usually overemphasizes the supposedly technical, objective dimension of performance indexes while underemphasizing the political choices embodied in their design. It has as its main theoretical sources the works of OST and KERCHOVE, SUPIOT (2015), FOUCAULT (1998), SOUSA SANTOS & RODRIGUEZ-GARAVITO (2005).

Author Biographies

  • Salem Hikmat Nasser, FGV Direito SP
    Full-time professor of International Law at FGV Direito SP. Doctorate in International Law from USP (Universidade de São Paulo). DEA in Public International Law and DSU in Private International Law from the University of Paris II (Panthéon-Assas). Visiting researcher at the Lauterpacht Centre for International Law and at the European University Institute.
  • José Garcez Ghirardi, FGV Direito SP
    Lawyer. Bachelor of Law, Universidade de São Paulo (1985). Full-time professor at DIREITO SP/SP. MA and PhD in English Language and Literature, USP. Visiting researcher at the Collège de France, Chair Ètat Social et Mondialisation (2017). Adjunct Faculty at Gonzaga Law School (WA/USA) (2010; 2013) and visiting professor at IDC-Israel (2014). Visiting researcher at the Wayne State University (Detroit-MI, USA) with a scholarship granted by CNPq. Postdoctoral research at the State University of Campinas (UNICAMP) (2003-2004). Publications include O mundo fora de prumo: transformação social e teoria política em Shakespeare (2011); Important, unimportant a critical anticipation of the assumptions of legal positivism in Alice in Wonderland (2014) and Narciso em sala de aula? (2016)

Downloads

Published

2018-04-27

Issue

Vol. 15 No. 1 (2018): Exclusions and its critics: Southern Narratives of International Law

Section

Exclusions and its Critics: Southern Narratives of International Law

License

Authors who publish with this journal agree to the following terms:

a) Authors retain copyright over their work and grant the journal the right of first publication, with the work simultaneously licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows others to share the work with acknowledgement of the work's authorship and its initial publication in this journal.

b) Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.

c) Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their personal website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.

How to Cite

Around the Pyramid: Political-Theoretical Challenges to Law in the Age of Global Governance. (2018). Brazilian Journal of International Law, 15(1), 61-69. https://doi.org/10.5102/rdi.v15i1.4934