International law and nationalism as two essentially related concepts

Paulo de Brito ()
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Paulo de Brito: Portucalense University; Research at IJP – Instituto Jurídico Portucalense, Portugal

Juridical Tribune - Review of Comparative and International Law, 2022, vol. 12, issue 1, 80-88

Abstract: 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?

Keywords: international law; nationalism; democracy; justice; sovereignty. (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2022
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