Globalizacion discurso belicista y estado de excepcion universal sobre la necesaria institucionalizacion del derecho a la Paz

Abstract

The end of XX century and the start of XXI one are being witness of the final offensive of great warmonger theories and refurbished battlefield scenarios. Trying to build the new globalisation upon aggression and competition criteria. Everything is inserted into the set of exclusions and eliminations, they could be mercantile, economic, cultural, politic or war ones. Rights are loosing ground in favour of criteria. The reason of State relents in front of Democratic reason. Quantity is imposed to quality.

Since the 1950’s, the building of a Social State envisaged the construction of juridical and popular scenarios, granting the maximum rights. It opened the way towards a renovated social model. Ending the1960’s, the energy emanated of the civil-popular society developed paths and models that could suppose a qualitative leap forward. This explosion was a juridical explosion also. Ius-juridical explosion starts to produce sophisticated juridical-political tools, being the right to peace and the right to development the better examples. However, a reaction followed; it came from politic, economic and academic lobbies alongside with the elites that in the mid-1970’s playing against it, introducing the “governability” and “security” paradigms. The implosion, generated by such strategies, brought up an abrupt decline of the “Constitutional Democratic State” model. Mainly inside of the Nation-State. Nevertheless, they cannot avoid the fruits produced by the ius-humanistic logic in the field of a juridical international-building. Only during the1990’s and the start of XXI century, the fatal strategies of “security” and “governability” are imposing its criteria of juridical exceptionality and political violence drawing inspiration from certain international think-tanks.

Before the mentioned exceptionalist offensive, the struggle and claim for a collective right to peace was a essential piece in the fight for take over the spaces of freedom and for the model of deliberative democracy. The “right to peace” must be worked out by the international community and therefore, to be incorporated in the state legislations. From this point of view, to lay claim to a Constitutional Law that regulates all possible actions that could be carried out by a State related to conflicts (since the open participation in armed conflicts up to armament trade) is very necessary. Such a regulation would be based on rigorous and strict controls. Anius ante bellum, fundamentally constitutional, provides essential stuff to fight for the “right to peace” and democratic control of the security and military powers of a State. Specially at present time, when the fundamental rights and elements of the Constitutional State have been altered, loosing its substance.