From the Territorial State to the State of Right – an approach of International Relations

Abstract

This article proposes a reflection on the constitution of the National States from the radicalization of the principles established in the Treaty of Westphalia (1648), related to the precepts of non-intervention and sovereignty, prevailing in the international law a secular system of International Relations . From these principles, we find that the State is completely sovereign and independent in home and foreign affairs within its territory, bounded by national borders. Therefore, stresses the strengthening of its limits, brings its power and jurisdiction. State and sovereignty as both concepts are dynamic, not static, and it is understandable that they follow the structural changes of international economic and political systems. In this way, is also considered the concept of international migration, from which the migrants compromise the dimension of the globalization process, since most of the time, their basic rights are ignored. The human rights refer to the grounds of modern political sovereignty. The international protection of human rights have subsidiary nature, it act as additional guarantees of protection, after national systems fail. The promotion of human rights is therefore of great value to the law of the State, which guarantees are to be provided by society.