THE NECESSITY TO CONSTITUTIONALIZE INTERNATIONAL LAW – A PERSPECTIVE FROM THE THEORY OF ALF ROSS

Abstract

The present work analyses the evolution of law philosophy, especially concerning to juridical epistemology positivism, aiming at the study of the validity and effectiveness of International Law. Starting with the theory of Hans Kelsen, Herbert Hart and Robert Alexy, the attempt is to show that it is Alf Ross, one of the exponents of the Legal Realism, whom elaborates the theory most consentaneous to the juridical phenomenon deriving from the interrelationship between international law and each State's internal law. The objective is to prove that, at the present stage of international law, its validity and effectiveness depend on its constitutionalization.