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A Space without Frontiers and the New Nomos of the Earth


Abstract


Following the process of globalization, national law has lost its normative force as a symbol of positive legal order. The legislators’ intentions have been substituted by those of the judges, allowing human rights, fundamental individual rights - in the most modern sense of the term - to produce institutional and judicial artifices to effectively safeguard "individualism", in and of globalisation against the abuse of the majority. In this sense, a denationalisation of the States has followed the creation of the global juridical dimension. The creation of new alternative spaces to national space, determined both by processes that respond to transnational power and processes that operate outside institutionalised political power, can appear physiological in global logic, but it shows the absence (or non-activation) of a set of tools with which to generate "antibodies" against external attacks brought about by new situations and the subsequent artificiality of the relationship between the two dimensions (national and supranational)

DOI Code: 10.1285/i22808949a2n1p195

Keywords: Nomos of the Earth; Globalization; Transconstitutionalism; Policontexturality

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