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Adiós a Westfalia. Hacia la "constitución" de un derecho cosmopolita

Abstract

Starting from the explanation of the preconcepts of law and sovereignty, this essay analyses the symptoms of the transformation of the classic paradigm of international law, which is founded on a will -centered model introduced by the peace of Westphalia in the XVII century, whose peak can be seen in the «Lotus case» in 1927, towards a constitutional paradigm typical of public law, which acquires the shape of a cosmopolitan law whose seminal constitution can be found in the United Nations Charter, the Universal Declaration of Human Rights and ius cogens.