Making the Nomos Flexible?: Globalization and Sovereignty in the Age of Terror

• Autor: Hernando Nieto, Eduardo
• Formato: artículo
• Fecha de Publicación: 2008
• Institución: Pontificia Universidad Católica del Perú
• Repositorio: Revistas - Pontificia Universidad Católica del Perú
• Lenguaje: español
• OAI Identifier: oai:ojs.pkp.sfu.ca:article/3182
• Enlace del recurso: http://revistas.pucp.edu.pe/index.php/derechopucp/article/view/3182
• Nivel de acceso: acceso abierto
• Materia: Relaxation of the Rule; Globalization; Sovereignty; State Unity; Legal Paternalism; Age of Terror; Exceptionality & Normality; Flexibilización de la Norma; Globalización; Soberanía; Unidad Estatal; Paternalismo Jurídico; Era del Terror; Excepcionalidad y Normalidad

This paper is about the globalization, the sovereignty of the states in the age of terror and conflicts that can be generated in their borders. To start, the author tell us over the relationship that could have between the exceptionality and normality. Likewise, he says us that those are difficult concepts to explain in the postmodern times, because the interrelation that manifest between them. In the same topic, he also puts on debate the distinction among friend and enemy regarding the management of the sovereignty in the threats moments to the sovereign states. In this regard, he puts in analysis a specific case. The events occurred in Ecuador with the bombing of the Colombian Air Force to one FARC base made in Ecuadorian land generate a condemn by the majority of the Latin American states. However, this event seems contradictory in relation to the thesis as the globalization and relaxation of the borders that these same states defend in other contexts such as the economic. For that matter, it be made indispensable to evaluate the possibility to achieve also to a relaxation in the field of the sovereignty in order to fight efficiently against those forces that want annihilate not only the state organization, but even worst the political union. As well as in the legal theory exists the figure of legal paternalism, where paradoxically the free will is constrained in order to safeguard the personal freedom. In that case, on the same way it could appropriate to limit temporarily certain way of state sovereignty in order to ensure the state unity. All of this within a exceptionality o emergency framework. Finally, the Colombian intervention is interpreted as a justified action in defense of the state unity of Ecuador, moreover that this intervention had no purpose of conquest nor of the Ecuadorian government overthrow.