It is merit of hans kelsenpoint out the jurists, having placed the individual at the center of the International right, breaking with the tradition that exclusively attributed the condition of “subject of international law to the States”. Something that was read, after the exposition of Cristina Fernandez de Kirchneras a preview of the eventual appeal to international courts to which the vice president could concur in case of being convicted by the Cause roadin which he took his defense today.
For many lawyers, hans kelsen He was the greatest jurist and constitutionalist of the 20th century. In addition to triumphing in the debate held with one of the most renowned jurists of his time, carl schmittwas the creator of constitutional Courtwhich was established for the first time in Austria in 1920. Within the legal worldview of Kelsen, defender of the “Monist Theory”, as opposed to the “Dualist Theory” of Law, International law is part of the internal law of States.
In his work “Principles of Public International Law” (1952), the international right is configured with a nature higher than domestic law. In his own words “such primacy is situated in a meta-legal, ethical or political-legal plane, not in the field of legal science”, advocating at all times for the legal nature of international standards, and welcoming the thought of Max Wenzel , Georg Jellinek, Rudolf von Ihering, and Jürgen Habermas.
Already in a previous work, “Peace through Law” (1944), Kelsen had elaborated a legal-political proposal for the establishment of a lasting peace, which was accepted in the Charter of the United Nations, and came to be implemented with the creation of the International Criminal Court and the International Court of Justice in The Hague.
This week, the Supreme Court left a firm judgment against the lawyer of Cristina Fernàndez de Kirkner, Gregorio Dalbonfor having defamed the judges Beatriz Verón and Zulema Delia Wilde in 2009, on the Mirtha Legrand program. And the lawyer confirmed to Perfil that will follow the case in international courts. A path that would also be on the horizon of the vice president in almost suffering a ruling against.
by RN
