Hasil untuk "Law of nations"

Alice Bianchini

O artigo aborda a questão do descumprimento da medida protetiva de urgência e do consentimento da vítima no contexto da violência doméstica e familiar contra a mulher. Há situações em que a vítima, com o seu comportamento, contribui para o descumprimento da medida protetiva de urgência. Isso ocorre por vários motivos, todos ligados a circunstâncias especiais que caracterizam a violência de gênero. Elas não podem ser confundidas com aquelas em que a vítima foi ameaçada ou coagida. O assunto é bastante controverso, tendo posições dissonantes sobre ele. Para uma corrente, o consentimento anularia a responsabilidade criminal do autor da violência; Para outra, não geraria qualquer impacto. Isso será analisado à luz das características especiais da violência doméstica e familiar, destacando as situações complexas que dificultam a tomada de decisões pela vítima. Dentre as diversas especificidades escolhidas no artigo, quatro das formas analisadas: a) relação de proximidade entre o autor da agressão e a vítima; b) ciclo/espiral de violência; c) mito do amor romântico e d) rede de apoio da vida inexistente, malsucedida ou inoperante. Após analisar as diversas correntes sobre das consequências jurídicas oriundas da participação da vítima no descumprimento da medida protetiva de urgência, é trazido o posicionamento da autora sobre o tema.

Mahdi Ebadi, Zoleykha Ghaffari roodsari

AbstractDuring the Qajar era, Iran's growing engagement with foreign nations led to Guilan being designated as a border territory, primarily due to its unique geographical conditions. The region's fertile soil and abundant water resources for agriculture attracted significant political and commercial interest from abroad. As Guilan's prominence increased in political, commercial, and social spheres during this time with multiple foreign consulates established in Rasht, the local population experienced a notable influx of foreign nationals. This foreign presence and support for their citizens' interests in Guilan led to various outcomes, including some residents accepting foreign citizenship. This socio-political issue prompted protests from a coalition of freedom advocates and open-minded locals in Guilan, leading the Qajar government to implement measures aimed at preventing the persistence of this phenomenon. This study employed a historical approach and a descriptive-analytical method to explore the adoption of foreign citizenship among Guilan's populace during the Qajar period from 1882 to 1921 AD (1300-1339 AH). It investigated the emergence of this phenomenon, elucidating both the efforts of foreign entities to recruit Guilan citizens and the Qajar government's measures to mitigate this societal trend. The research findings identified key factors contributing to residential migration, including the influx of foreign nationals to Guilan, extensive support from governments like Russia and the Ottomans for their citizens, inadequate support from the Qajar government for local residents, and the poor conduct of governors and local leaders.Keywords: Iran during the Qajar Era, Relations between Iran and Russia, Relations between Iran and the Ottoman Empire, Guilan during the Qajar Era, Change of Citizenship.IntroductionDuring the Qajar era, particularly from the Naserid period (1848-1896 AD), the land of Guilan gained considerable importance in Iran's foreign relations and for foreign governments. The construction of the Rasht-Tehran gravel road facilitated the movement of political and commercial representatives from foreign countries through the Caspian Sea and towards Tehran. Guilan's strategic geographical location and fertile land made it a gateway to Europe. This, in turn, led to a significant influx of foreign nationals into the province. The establishment of various foreign government consulates in Guilan, including those from Russia, England, France, and the Ottoman Empire, and the consuls' support for their citizens, strengthened the positions of these foreign nationals in the region. As the presence of foreign nationals in Guilan increased, an intriguing socio-political phenomenon emerged during the Qajar period - the change of nationality by a portion of Guilan's population. This was an unprecedented occurrence as some residents sought to place themselves under the protection of foreign governments by changing their citizenship, while maintaining their presence and residence in Iran and Guilan. This phenomenon created problems and difficulties for the society and residents of this part of Iran, warranting historical investigation and study of its various dimensions. The present study aimed to explain and interpret the various factors and reasons behind the emergence of this socio-political phenomenon, as well as its social consequences for the society of Guilan during the Qajar era, based on historical sources.Materials & MethodsThis research adopted a historical approach and employed a descriptive-analytical method to investigate the phenomenon of Guilan's residents accepting foreign citizenship during the Qajar period from 1882 to 1921 AD (1300-1334 AH). The study examined the efforts of foreign governments to increase their nationals among the people of Guilan, as well as the measures taken by the Qajar government to prevent this social phenomenon. Examining the reasons and factors behind the acceptance of foreign citizenship in Guilan Province and its consequences could shed light on an important aspect of the challenges faced by the Qajar government during this period of Iran's history. However, written documents had not paid much attention to the problems related to the phenomenon of citizenship change in Guilan during this time. Therefore, this study relied on historical documents from the Qajar period, as well as archival documents related to the issue of foreign citizenship, to investigate these issues and problems. The aim was to study the adoption of foreign citizenship as an emerging social phenomenon in Guilan during the Qajar era based on archival and primary source materials. This necessitated an examination of the actions of the Qajar government and the policies of foreign governments in Guilan Province.Research Findings:The findings of this research indicated that several factors contributed to the change of citizenship among the people of Guilan during the Qajar period:ajar rulers’ behaviors towards the people of Guilan, including imposing heavy taxes and supporting foreigners to purchase real estate in Guilan, despite the prohibition law, which led to disputes and conflicts between the rulers and the provincial authorities of Guilan over land acquisition.The inappropriate behaviors of landowners, who often leased their agricultural lands to foreigners to avoid heavy taxes, which caused problems for the Guilani citizens as the new foreign landowners acted according to their own regulations to maximize profits, disregarding the status of the local population.The all-round support provided by foreign governments to their citizens' illegal activities in Guilan, which strengthened the positions of foreign nationals and weakened the Iranian government's ability to support its own citizens, causing frustration among the local population.The significant presence of foreigners in Guilan, which led to tensions between domestic and foreign nationals over civil, financial, and commercial issues, ultimately resulting in the detriment of the Qajar government and Iranian citizens.The consequences of this phenomenon of citizenship change included the increasing number of foreign nationals in Guilan, stabilization of the positions of foreign countries in the region, and creation of divisions and conflicts among the people of Guilan.Discussion of Results & ConclusionThe findings of this documentary research indicated that during the Qajar era, the economic and political importance of Guilan province provided the basis for a large influx of foreign nationals to the region. Foreign consulates and representatives actively supported the positions of their citizens in Guilan, providing them with comprehensive assistance to obtain greater economic and political benefits. The support provided by foreign governments to their nationals, along with the collaboration of some Qajar rulers, officials, and agents of the Ministry of Foreign Affairs in helping foreign citizens acquire property in Guilan, contributed significantly to this phenomenon. Additionally, the mistreatment of local residents and landowners by the rulers and authorities coupled with the lack of comprehensive support from the Qajar government towards its own subjects and nationals led some people of Guilan to change their citizenship and accept those of foreign countries, including Russia and the Ottoman Empire. While the Qajar government made efforts to prevent these problems, the encouragement and assistance provided by some rulers, scholars, and landowners ultimately led to the escalation of the phenomenon of citizenship change among the people of Guilan, demonstrating the complex interplay of political, economic, and social factors that shaped this emerging issue during the Qajar period.

Дхиани Мехта , Никундж Патель

The growing economic prominence of BRICS nations (Brazil, Russia, India, China, and South Africa) has attracted considerable attention to the macroeconomic dynamics driving their development. As these economies grow rapidly and become more integrated into global markets, it becomes increasingly difficult to balance economic growth, trade liberalization, and sustainable fiscal policies. Government size, a key factor in fiscal management, tends to increase with national income (as suggested by Wagner’s Law) and in response to trade openness (as outlined by the Compensation Hypothesis). Understanding these dynamics is crucial due to the unique fiscal pressures and global competitiveness faced by BRICS countries. This study investigates the validity of Wagner’s law and the Compensation Hypothesis in the context of BRICS. Using a panel nonlinear autoregressive distributed lag model on annual panel data from 1999 to 2023, our findings confirm Wagner’s law, showing a positive relationship between economic growth and government size. Additionally, the results support the Compensation Hypothesis, indicating that trade openness enhances government size. This study underscores the potential trade-offs between promoting economic growth and trade liberalization, as these strategies may inadvertently expand the government sector and affect fiscal stability. As BRICS economies continue to integrate into global markets, this research contributes to the discussion on Wagner’s law and trade openness, offering new insights into sustainable fiscal policies, government expenditure optimization, and the pursuit of global competitiveness and economic growth within the BRICS framework.

Fateme Soltani, Negar Khodadadi

Introduction "Dystopia" means a fictional place where people live inhumane and often terrifying lives. The grounds for the emergence of dystopia, which is also known as dystopian literature, are works that have viewed the reality of human life in the contemporary world with extreme pessimism. In addition to expressing dissatisfaction and criticism of the present, this literary genre examines the dangerous effects of political and social structures on the future of humanity. In this essay, two examples of dystopian works from two different Iranian and American cultures; That is, the novels "The Terrible Tehran" by Morteza Mushfiq Kazemi and "The Handmaid’s Tale" by Margaret Atwood have been examined and compared. According to some experts such as Gary Saul Morson, American writer and literary critic, in the book "Boundaries of Genres", Frederick Jameson (1998), American critic and theorist, and George Orwell, author of the dystopian novel "1984" Dystopian literature is an independent type and genre whose components may occur. (Orwell, 1968: 502؛Burroway, 2011: 29؛Morson, 2010: 128)The dystopian story began in the early 20th century and developed during this century, a period that required revolution, cold war, and major critical social changes; “When attitudes toward nature and human society began to change around the world, this change began with the outbreak of World War I and intensified after World War II. The brutality and violence depicted between European countries in World War I and subsequent events such as the economic crisis throughout Europe, the rise of Hitler and the Nazi Party, the use of atomic weapons and then the outbreak of World War II, views changed to human nature. (Alter, 2017: 9)American literary critic Moulin (1943) says: "The dystopian narrative is mainly a product of the horrors of the 20th century. A hundred years of exploitation, repression, state violence, war, genocide, disease, famine, genocide, depression, debt, and the continued destruction of humanity have provided the perfect ground for the fictional infrastructure of dystopia. (Moylan, 2000: 11) These events and developments in an age when humanity claimed progress in science, industry, and claimed cultural and moral progress and elevation, caused human doubt and existential anxiety in the modern era. The idea of using man-made science and technology against man himself made them angry and frustrated, and literature began to reflect these new negative feelings.Dystopian literature or "anti-utopian" literature refers to the mistakes of utopian ideas in real human society. (Sargent, 2010: 103) and examines the dangerous effects of political and social structures on the future of humanity. ( Jameson, 1998: 28؛ Kaplan, 2015: 93؛ Gottlieb, 2001: 13) but theorists such as Bakulini argue that: "Dystopia shows dissatisfaction and criticism of the present time. (Baccolini, 2013: 37)Sargent (1994), an American researcher who has done research on utopia, considers dystopia narrative in fiction to be about a non-existent society that is "significantly worse than the one the reader or writer currently lives in." (Sargent, 2010: 93) Dystopian literature is "in contrast to utopian literature, in which the future imagined for human society is ominous, morbid and full of filth. In these works, the pure human qualities turn to lowness and give way to vices and beastly qualities, and evil and filth dominate the society" (Mirsadeghi, 1998: 8-7). In general, the main focus of dystopian literature is social and political criticism.Booker, an American expert, considers dystopian works as a social critique of contemporary society. He says: "While utopian works try to show the ideal society in order to explore alternatives to contemporary life, dystopian works act as social criticism in showing the negative aspects of contemporary society in a false or pseudo-utopian culture." (Booker, 1994: 3)In dystopian research, the main goal is to understand the social dreams that are destroyed in dystopian novels. In the 20th century, the writers of Plaidshahr have given answers in the form of stories and novels to technological, intellectual, and industrial changes, as well as two world wars and the subsequent changes in the way people perceive themselves at the individual and national level. 2.MethodologyThe present study will apply the two novels "Terrible Tehran" by Morteza Mushfiq Kazemi (1977-1902) and "The Handmaid’s Tale" by Margaret Atwood ( November 1995) based on the American school, and in terms of The research tool and field is based on library documents and note-taking. It should also be mentioned that this research will be investigated and analyzed based on the teachings of the American school.Research questionsWhat are the patterns and components of dystopian literature in the two novels Tehran Makhoof and Nadima's Story? What are the similarities between the motif of dystopia in the novel Teheran Makhuf and the dystopia of Nadima's story? 3.DiscussionUnlike utopian literature, which has a relatively older history, dystopian literature is a new phenomenon and examines the darkest aspects of the human mind and human nature. from another point of view, the term dystopia is mainly a literary term and it refers to a group of literary works that act as warning stories against a kind of totalitarian government and uses human experiences, the failure of governments, evil ideologies and the rule of corrupt rulers and leaders.The essence of dystopian literature is to inform and warn; Therefore, by using comparative literature and comparative study of dystopia, cross-border and transnational awareness can be achieved in this field. Dystopian societies in the dystopian literature  are catastrophic and degenerating societies. The people of this society are characters who fight against environmental destruction and environmental destruction, technology control and government oppression.In this research, similar social components of both novels have been discussed in the main parts of corruption in the political structure and totalitarian society, control techniques, war and coup, social adaptation and feminist topics, and it was found that both dystopian novels studied; "The Handmaid’s Tale" and "Terrible Tehran" are works that draw great concerns about the future and depict them. These novels warn of what will happen if the world continues as it is in the story. Each of these stories depict a world that has gone astray and has used human history to convey this message. These two dystopian works have used the most frightening and unimaginable aspects of the political environment, so that even though the political structures and genres change, the dystopian idea and all that shows the ugliness of the society will remain constant in the literary world. 4.ConclusionBoth the novels "The handmaid's Tale" and "The Terrible Tehran" had political themes in which the governments have applied the most extreme violence and political propaganda to control the people; People who are not allowed to think freely and the regime has complete control over their freedoms. The most important consequences of surveillance and control are the destruction of emotions, human needs, and family ties. It is in this situation that a strong hero flourishes based on the current situation. In each of these novels, the protagonist does not consider the government to be fair and tries his best to fight against it. The protagonist sees flaws and vulnerable aspects and implements a plan to highlight and expose those weaknesses. In both novels, which are good examples to show the nature of totalitarian societies, the way leaders and government officials act has caused corruption in government departments, the use of the law in line with the interests of those in power, suppression of freedom seekers and opponents, and petrification. In order to control the people and prevent deviations and opposition protests, the rulers of dystopia have used tools such as advertising, propaganda, censorship, drugs and violence. In both novels, war and coup as another important component of dystopian novels has left a deep impact, and the evil rulers were able to create a level of social uniformity in the society with a strong tool called the policy of implementing social adaptation to facilitate the advancement of their government process. Finally, in these two selected dystopian novels, the status of women is mentioned; The role of women, their importance and dignity are among the hidden concepts in the novel "The Handmaid's Tale".The focus of the novel "The Terrible Tehran" is also on the disclosure of the pitiful situation of women in the years after the constitutional revolution. The purpose of the genre of dystopia is that the members of society and nations come to an insight to study history in general and to inform about the filth to prevent mistakes from happening. Otherwise history and its mistakes will be repeated and what should not happen. Therefore, both selected dystopian novels, not only on individual change; Rather, they have focused on collective improvement, and this is the only way to ensure social and political happiness. These two novels actually depicted futuristic worlds where a number of their assumptions have been realized in the real world.

Mateus de Oliveira Fornasier

This research analyzes the importance of the freedom of expression in the creation of the metaverse, in a context of increasing power of Big Techs in the digital environment. As its results, technical knowledge related to many areas and creativity are fundamental for the creation of the metaverse. Thus, its creation must be democratized. Public policies ensuring ways to access content creation must be developed, and such a democratization must be based on freedom of expression. And limitations to the exercise of such freedom must not be subjected to private interests of huge corporations, nor moderated solely by technological tools. Methodology: hypothetical-deductive method of procedure, with a qualitative and transdisciplinary approach, and a bibliographic review research technique.

Y. I. Skuratov

INTRODUCTION. One of the conditions for the effectiveness of the foreign policy of any state, including its international legal policy, is its scientific character, conceptual validity, reliance on understanding both the objective laws of world development and an accurate assessment of the place and role of the respective state in this process. The creation of such a trend should be based on the synthesis of natural, social, economic, political and cultural factors that characterize the state of the country, an assessment of its participation in the international division of labor, joint projects and development programs, its role in ensuring sustainable development and globalization processes.MATERIALS AND METHODS. The article analyzes the doctrines and tendencies of the foreign policy of the Russian Federation, international treaties of Russia, statements by the leaders of states, as well as the political practice of interstate relations. During the research general scientific methods were used: system analysis, historical, formal legal, comparative, etc. In addition to the materials of the doctrine of international law, scientific categories and constructions of other social sciences (historiosophy, political science, sociology, theory and history of state and law) were used.RESEARCH RESULTS. The study made it possible to come to the conclusion that one of the main concepts of modern international politics is the provisions of the classical Eurasian doctrine. The geopolitical concept of Russia Eurasia is designed to ensure a balance between the western and eastern vectors of the country's foreign policy, predetermines its entire political history, determines the principles and standards of modern life. Of great importance for the foreign policy doctrine of Russia is the Eurasian postulate about the "local development" of our country, the peculiarities of its culture, the existence of a civilizational community. A civilizational approach to assessing the potential of Russia Eurasia should underlie the determination of the scale and nature of Russia's foreign policy. In terms of its historical scale, our country cannot be regarded as a "regional power" even despite its problems and difficulties of the current stage of development. The Eurasian doctrine, the main postulates of which are reflected in the foreign policy concept of the Russian Federation, makes it possible to find the right approaches to solving modern problems of world development, in particular, such challenges for our country as globalization, modernization, the ideology of nationalism, etc.DISCUSSION AND CONCLUSIONS. The discussion of the conceptual base of the foreign policy of theRussian Federation in the doctrine is fragmentary, often carried out in isolation from the search for the national idea of Russia. The difference in approaches to solving this problem significantly complicates the development of an official doctrine of the country's foreign policy and does not make possible to clearly define its national interests. It is obvious that the discussion of these problems should be carried out within the framework of a single cognitive process, the national idea should, on the one hand, become the basic category of the concept of Russia's foreign policy, and on the other, the final result of its creative development. The practical implementation of the Eurasian project by Russia will require making serious adjustments to the country's diplomacy, ensuring its multi-directional, western and eastern balance in the diplomatic, political, humanitarian, legal and other scopes of life.

Shahzada Aamir Mushtaq, Fraz Ashraf Khan

The purpose of this article stated that the global economic arena has taken new insights across the shore of nations.  THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have taken the global view of the legislative aspects along with their de jure appliances and improvements for the proper economic growth under the auspices of legal framework. The ramification of cross border cartel enforcement has surfaced astoundingly between 1998 to 2015, underlining the earnest and prompt action to strengthen and revisit the competition law enforcement tools and proficiency. The technological advancements and liberalization of trade has risen significant challenges which includes the enforcement of cross border cartels and mergers. The globalization of corporate activities and deregulation of business markets and numerous industrial sectors has endangered the theoretical foundation of domestic and international competition enforcement regime. The transnational anticompetitive practices like monopolization of markets, collusive price fixing, vertical restraints of trade and international cartels currently challenged the jurisdiction and policies of OECD, WTO, UNCTAD, and ICN. This frightening situation necessarily be regularized by establishing worldwide competition policy and globally admirable enforcement standard. The weaknesses of unilateral, bilateral, and multilateral compacts be re-examined in order to cope with the cross- border competition challenges efficaciously. The extraterritorial, jurisdictional, and investigative mechanisms could be enclosed with binding nature of legal structures to deter cross border antitrust violations for smooth economic growth. The EU and US actively pursuing to establish the unanimous international antitrust regime instead of discrepancies to integrate WTO and ICN being multilateral cooperation forum. Currently, US, CANADA, EU, JAPAN and CHINA across the globe become more engaged in international cartels evidence gathering and investigations. The developments in information sharing, private enforcement, follow on civil litigation, dawn raids, extraterritorial reach of enforcement watchdog is yet to be established.

César Francisco Gallegos Pazmiño

El artículo explora cómo los cambios de poder en la política mundial y la aparición de poderes regionales afectan la gobernanza de la seguridad regional. Se identifican el espacio postsoviético y América Latina como dos regiones donde las potencias hegemónicas y de la Guerra Fría (Estados Unidos y Rusia) recientemente han sido desafiadas por potencias ya afirmadas o en ascenso (Brasil y China, respectivamente). En ambas regiones, existe una organización regional más antigua conformada por la dinámica de la Guerra Fría junto con una organización más nueva formada por el creciente poder. Pero, ¿patrones similares de cambios de poder conducen a tipos y trayectorias análogos de gobernanza de seguridad? Se analizan cuatro organizaciones de seguridad de las dos regiones: la Organización para la Seguridad y la Cooperación en Europa (OSCE) y la Organización de Cooperación de Shanghai (OCS) desde el espacio postsoviético; y la Organización de Estados Americanos (OEA) y la Unión de Naciones Suramericanas (UNASUR) de América Latina. Se muestra cómo los cambios de poder se reflejan en (1) los factores que impulsan la base y la transformación de la organización, (2) las concepciones y prácticas de seguridad de las organizaciones, y (3) la superposición organizacional.

Stefano Burchi

Study region: Africa, Latin America, Europe. Study focus: Through the extensive study and mapping of the world’s aquifers that lie astride the international boundary lines of sovereign States, ISARM has awakened concerned States to the existence of aquifers stretching beyond their borders, and precipitated cooperation in generating a body of knowledge that facilitated cooperation in governance arrangements for such aquifers. In parallel, ISARM influenced the shape and direction of the United Nations “Draft articles on the law of transboundary aquifers” appended to UN Resolution 63/124 of 2008. Both stimulated cooperation among concerned States, and provided a frame of reference for the legal grounding of such cooperation in aquifer-specific agreements. New hydrological insights: Through this synergistic paradigm, ISARM has made an impact on the shape and direction of cooperation in the Guaraní Aquifer in South America, and in the Iullemeden and Taoudeni/Tanezrouft Aquifer Systems (ITAS) in the Sahel region of Africa. It is having an influence on the shape and direction of cooperation being negotiated on the Stampriet Aquifer System in Southern Africa, and on the Ocotepeque-Citalá Aquifer in Central America. The link of ISARM to other international aquifer agreements on record is tenuous, and ISARM’s influence on their generation speculative. The visibility of ISARM has faded since 2012, however its legacy is lasting. Keywords: International aquifers, International aquifers agreements, International groundwater law, UN draft articles on the law of transboundary aquifers

Marco Antonio García Pérez

Estudio complementario del Diccionario de historia del derecho coordinado por Oscar Cruz Barney y José Luis Soberanes Fernández. Se explican el objeto de la materia y los antecedentes del Diccionario. Se explican los motivos para clasificar las voces de la obra en diferentes subdisciplinas, los principales elementos que las integran y se sugiere bibliografía complementaria para cada uno de los temas. Finalmente, se explica a través de tres índices alfabéticos, por voz, por autor y por materia, el contenido del Diccionario.

A. N. Vylegzhanin

The article introduces the Communication from the Commission to the European parliament, the Council, the European economic and social committee and the committee of the regions – An Integrated Maritime Policy for the European Union (October, 10th 2007). The document communicates the position of the European Commission on integrating the EU member states activities in the maritime policy sphere. However, the communication of the Commission on this important political and legal position of 10th October 2007 is not the first official document in the European maritime economic integration. The article gives an extensive historical excursus of developing an integrated legal regime of regulating maritime and fishery activities of the EU. The extensive analysis of the legislation since 1970s enlightens the main stages of an integrated policy progress in this sphere.

Aziz Tuffi Saliba, Hugo Pena

Partindo da constatação de que oItamaraty mantém acesa a campanha por uma vagapermanente no Conselho de Segurança da ONU,ainda que sem direito a veto, o estudo busca identificaros fundamentos para reforma presentes nosdiscursos de formuladores e executores da políticaexterna do governo brasileiro. Tendo verificado quea fundamentação dá-se essencialmente em contornosjurídicos, busca-se o lugar e o peso do Direitono único precedente até hoje ocorrido de alteraçõesna composição do núcleo do Conselho de Segurança:a questão da representação chinesa, desenroladaentre 1949 e 1979. A análise dos eventos sugereque as motivações para as mudanças não foram denatureza jurídica. As alterações deram-se não somenteem virtude da conjuntura do cenário internacional(estrutura de poder) como também pelo pesoalcançado pela China continental no limiar da décadade 1970 e sua capacidade de afetar essa estrutura.Identifica-se, assim, a política de poder comodeterminante da alteração na composição nucleardo Conselho nesse caso específico, sugerindo avulnerabilidade do embasamento de tal campanhaem argumentos jurídicos.Abstract: The starting point for the presentarticle is Itamaraty’s ongoing campaign for apermanent seat in the United Nations SecurityCouncil. The aim is to identify the rationalecontained in pronouncements of policymakersand officials of Brazilian government. Afteridentifying legal arguments as the cornerstoneof the campaign, the authors discuss therelevance of Law in the only precedent so farregarding the change in the permanentcomposition of the Security Council: theChinese representation affair, which took placebetween 1949 and 1979. The analysis of suchevents indicates that the motivations for changeswere not of legal nature; they were rather duenot only in virtue of power framework of theinternational scenario at the time, but also tothe weight reached by (continental) China inthe late sixties and early seventies. Thus, theauthors identify power politics as pivotal inthe changes in the core of the UNSC in thatparticular case and point out that thevulnerability of crafting such campaign on legalgrounds.

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