Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

         

       

      

        

      

       

     

The evolution of law of nations in Spanish America during the 19th century has been few studied. The present work has as aim covering that gap with the analysis on the José Silva Santisteban and Andres Bello´s approaches on the legality of international law. This article Will hold that the first author conceives properly international law as law, in contrast to the second one, who considers it only as a “collection of laws”. For understanding this debate, the article will resort to the works of Becker Lorca and Richard Morse, holding Silva Santisteban represented a neo-thomist perspective and, by the contrary, Bello sustained a utilitarian and empiricist approach of international law.

The transfer of sovereignty of states to be part of the concert of nations is part of theinternational commitment that states have to establish coordination between countries and theconstruction of international law. Social justice is an element that cannot be ignored in the relationsbetween man and the State and have their own weight in modern societies and, now, in internationalrelations. She promotes, as far as possible, social equality and fundamental social values based onthe balanced and harmonious common good.For this reason, it is important to pay attention to social rights, the causes of theirdeterioration and the origin of popular discontent, emphasizing that democracy and respect forhuman rights are indispensable mechanisms for human coexistence.John Rawls and Amartya Sen are two of the philosophers who have marked with theirtheories on social justice an important stage in thought and in the study of its meaning in today'sworld. I present some of the approaches of the Indian philosopher Sen, especially his mostsignificant statements in his work "The idea of Justice". On the other hand, Sen analyzes, from adifferent perspective, Rawls' idea of social justice and criticizes some of the most relevant ideas ofhis work: "Theory of Justice"

When the couple has an international dimension due to some foreign element, eitherbecause of the different nationality or residence of its members or because of the location invarious States of the goods that compose its patrimony, etc., it is highly desirable to lay downharmonized rules for achieving uniform solutions to any problems that might arise. In doingso, legal safeguard is enhanced and the freedom of movement of the international couples isextremely favored. In order to achieve those objectives, the Council Regulations (EU)2016/1103 and 2016/1104 were promulgated, whose full implementation has taken placeearly 2019 and, even though they were conceived within the European Union, are aimed atspouses and domestic partnerships from anywhere in the world in their subjective aspects.