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quinta-feira, 27 de junho de 2024

Imaginary debate between Luís Claudio Queroz Coni and Danilo Zolo about New World Order (Cosmopolis) and Internationalization of Constituent Power

Coni: Dear Zolo, your work "Cosmopolis" provoked deep reflections on the crisis of state sovereignty in the era of globalization. I agree that the rise of supranational institutions and the growing interdependence among states are challenging the traditional concept of sovereignty. However, I believe that this transformation does not necessarily mean the end of the nation-state but rather a redefinition of its role and its relationship with International Law.

Zolo: Dear Coni, I appreciate your optimistic perspective, but I remain skeptical. In my view, globalization is eroding the sovereignty of nation-states, transferring power to supranational institutions that lack democratic legitimacy and accountability. Cosmopolitanism, instead of promoting peace and justice, may lead to a new type of authoritarianism, where decisions are made by technocrats distant from the citizens.

Coni: I understand your concern about democratic legitimacy, Zolo. Indeed, the internationalization of Constituent Power raises important questions about citizen participation in decisions that affect their lives. However, I believe that the growing influence of International Law on Constitutional Law can be an opportunity to strengthen the protection of human rights and promote democratic values at a global level. After all, International Law is also undergoing a process of constitutionalization, incorporating principles such as human dignity and democracy.

Zolo: I agree that International Law is evolving, Coni, but I still have doubts about its ability to guarantee justice and democracy in such an unequal world. After all, who controls the supranational institutions? Who ensures that they will act in the interest of the citizens and not just the major powers or transnational corporations?

Coni: These are crucial questions, Zolo, and I do not have easy answers for them. However, I believe that the dialogue between International Law and Constitutional Law can help find solutions to these challenges. The "extroverted constitutional hermeneutics" that I propose aims precisely to integrate democratic values and the protection of human rights into the interpretation of the Constitution, ensuring that international norms are applied in a way that respects popular sovereignty and the autonomy of States.

Zolo: Your proposal is interesting, Coni, but I am still concerned about the risk of a "democratic deficit" in the international order. I believe we need to strengthen mechanisms of citizen participation and ensure that supranational institutions are truly representative and accountable.

Coni: I fully agree, Zolo. Democratic legitimacy is a constant challenge, both at the national and international levels. However, I believe that the internationalization of Constitutional Law can be an important step in building a fairer and more democratic international legal order. After all, as you yourself said, globalization is an irreversible fact, and we need to find ways to ensure that it benefits everyone, not just a few privileged individuals.

Zolo: Perhaps we are closer in our views than we imagine, Coni. After all, we both seek a fairer and more democratic world, even if we disagree on the best paths to achieve it. I believe that dialogue between different perspectives is essential to face the challenges of globalization and build a better future for all.

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https://blogdejoseoctaviodettmann.blogspot.com/2024/06/dialogo-imaginario-entre-coni-e-zolo.html

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