Public International Law in Portuguese Speaking Legal Systems

Project Abstract

The project “Public International Law in Portuguese Speaking Legal Systems” is a research initiative by CEDIS, coordinated by Professor Jorge Bacelar Gouveia and Professor Francisco Pereira Coutinho.

It aims at the creation of reports by experts from different Portuguese Speaking States and territories – Angola, Brazil, Cape Verde, Guinea-Bissau, Macau, Mozambique, S. Tomé and Principe and East Timor – on the way in which international law is internally perceived at constitutional/legislative, judicial and academic levels. The reports are aimed at answering fundamental questions on the incorporation of international legal norms in national legal systems, their position in the hierarchy of legal sources, with a view of determining if the emergence of a “Portuguese speaking common law” is or not determined by the internal relevance in national legal systems of international law.

The national reports and a comparative report by the coordinators were presented in an international conference taking place in Lisbon in September of 2018 and published by CEDIS.

 

Project Objectives

Public International legal norms are projected with the same intensity on national legal systems. A reading of national constitutions reveals, however, that the status of these norms in different national legal systems is not identical. This project aims at ascertaining who international law is perceived internally at constitutional/legislative, judicial and academic levels in the national legal systems of Portuguese speaking States and territories. This objective involves the answering of fundamental questions on the incorporation of international legal norms in national legal systems, their position in the hierarchy of legal sources. Limiting the scope of the research to legal systems of Portuguese speaking States and territories, the hypothesis that this project aims to test is if the emergence of a “Portuguese speaking common law” is confirmed by the internal relevance in national legal systems of international law. In September of 2018, the results of this research were presented at an international conference taking place in Lisbon and were published in a collective work.

 

Institutions

CEDIS/NOVA Law School; Foundation for Science and Technology.

 

 

Project Team

Jorge Bacelar Gouveia; Francisco Pereira Coutinho; Maria João Carapêto; Valério Mazzuoli; José Pina Delgado; Filipe Falcão de Oliveira; Ilda Cristina Ferreira; João Francisco Diogo; Jonas Gentil; José Maria Morais.

Duration

2015/2018

 

Funding

Funding Entity: CEDIS; Fundação para a Ciência e Tecnologia

 

Other information

Website: https://dipdlp.cedis.fd.unl.pt/

Book: https://cedis.fd.unl.pt/blog/project/o-direito-internacional-publico-nos-direitos-de-lingua-portuguesa/