DETERRITORIALIZATION OF LAW: State Voluntarism and Global Public Sphere

Abstract

This study presents initial reflections onGiacomo Marramao’s contributions to InternationalLaw, particularly regarding to an understanding of thedeterritorialization and reterritorialization of Law, whichgoes back to studies by Deleuze and Guattari on theseconcepts. It also draws a parallel between the work ofthe Italian philosopher and Octavio Ianni’s sociologicalstudies, mainly concerning to “modernidade-mundo”(world- modernity). It further outlines digressions onthe present phase of International Law, characterizedby the Westphalian Conventions and the possible post-Hobbesian order, especially on jus cogens internationalnorms, State voluntarism and the efficacy of internationallaw in protecting human rights. Finally, workingfrom the Habermasian idea of a global public sphere, ittakes up the dialogue with Marramao on criteria for universalityand difference.