TOWARDS CONVENTIONALIZATION: OVERSTEPPING THE PROBLEM OF SOVEREIGNTY (ONCE AGAIN) AND THE ROLE OF ICCAL

The conformation of an international legal order for protection of human rights brings the challenge of a normative, multilevel plurality, delivering conceptual and operational challenges (dialogue between jurisdictions, control of conventionality and extension of recognition of a margin of national appreciation, directly connected to the notion of sovereignty). The limitation of sovereignty, however, isn’t something new, so that the conventionalization process reproduces the phenomenon of constitutionalization of Law verified at the internal level in the consolidation of the Democratic State of Law, related to a progressive linkage to human and fundamental rights, with strong seat in the recognition and strengthening of their objective dimension. This presupposes, in turn, a sum of actions and permanent commitments, where ICCAL plays a central role: theoretical; institutional and social/cultural (incorporation of this perspective by civil society, individuals and legal operators).