{"title":"国际法和民族主义是两个本质上相关的概念","authors":"Paulo DE BRITO","doi":"10.24818/tbj/2022/12/1.06","DOIUrl":null,"url":null,"abstract":"The principal aim of the present essay is to explore the relationship between\ninternational law and nationalism, whilst arguing that both concepts cannot be viewed as\ntwo separate and self-contained realities, but should rather be considered in light of their\nmutual interaction. The external actions of a nation are reflected internally. Similarly, its\ninternal actions have external repercussions. In this work, such consequences are examined\nin a nation-state with an authoritarian structure as opposed to those found in a democratic\nnation-state. Additionally, the concept of nationalism is studied in its variant forms in both\nthese contexts, leading to the premise that an aggressive and expansionist nation-state is\nunlikely to be guided by a constitution that places a high value on democracy and freedom.\nA nation which does not respect the liberties of its own nationals will undoubtedly disrespect\nother States and their nationals, and vice-versa. This begs the question: should international\nlaw be irresponsive and neutral in these cases?","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"International law and nationalism as two essentially related concepts\",\"authors\":\"Paulo DE BRITO\",\"doi\":\"10.24818/tbj/2022/12/1.06\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The principal aim of the present essay is to explore the relationship between\\ninternational law and nationalism, whilst arguing that both concepts cannot be viewed as\\ntwo separate and self-contained realities, but should rather be considered in light of their\\nmutual interaction. The external actions of a nation are reflected internally. Similarly, its\\ninternal actions have external repercussions. In this work, such consequences are examined\\nin a nation-state with an authoritarian structure as opposed to those found in a democratic\\nnation-state. Additionally, the concept of nationalism is studied in its variant forms in both\\nthese contexts, leading to the premise that an aggressive and expansionist nation-state is\\nunlikely to be guided by a constitution that places a high value on democracy and freedom.\\nA nation which does not respect the liberties of its own nationals will undoubtedly disrespect\\nother States and their nationals, and vice-versa. This begs the question: should international\\nlaw be irresponsive and neutral in these cases?\",\"PeriodicalId\":41903,\"journal\":{\"name\":\"Juridical Tribune-Tribuna Juridica\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2022-04-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Juridical Tribune-Tribuna Juridica\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24818/tbj/2022/12/1.06\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Tribune-Tribuna Juridica","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24818/tbj/2022/12/1.06","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
International law and nationalism as two essentially related concepts
The principal aim of the present essay is to explore the relationship between
international law and nationalism, whilst arguing that both concepts cannot be viewed as
two separate and self-contained realities, but should rather be considered in light of their
mutual interaction. The external actions of a nation are reflected internally. Similarly, its
internal actions have external repercussions. In this work, such consequences are examined
in a nation-state with an authoritarian structure as opposed to those found in a democratic
nation-state. Additionally, the concept of nationalism is studied in its variant forms in both
these contexts, leading to the premise that an aggressive and expansionist nation-state is
unlikely to be guided by a constitution that places a high value on democracy and freedom.
A nation which does not respect the liberties of its own nationals will undoubtedly disrespect
other States and their nationals, and vice-versa. This begs the question: should international
law be irresponsive and neutral in these cases?