LEGAL GUARDIANSHIP OF SUSTAINABILITY IN THE CONTEXT OF NORMATIVE SPECIES EMERGING FROM GLOBAL LAW: ANALYSIS IN FRONT OF SOFT LAW AND SELF-REGULATION

Abstract

This article aims to analyze the adequacy and compatibility of legal protection of sustainability through soft law and self-regulation. With the advent and intensification of globalization processes, there is a growing rupture in the traditional conception of Law. The State has lost its status as the sole master of order, both at the national and international levels. It opens the way for legal globalization, resulting from the regulation of relations arising from globalizing flows, leadingto the emergence of a Law that does not depend exclusively on the State or an equivalent political-legal entity: it is what has been called “Law Global”. In this scenario, soft law and self-regulation procedures are inserted. Nevertheless, the pursuit and implementation of sustainability are recurring issues in the globalized world. In times of discussion about the consolidation of Global Law, it appears that its emerging normative sources, soft law and self-regulation, numerous times discipline matters relating to sustainability and sustainable development. The recurrent protection of sustainability in the legal instruments emerging from Global Law discussed here has demonstrated the compatibility between such expedients and the protected object. Although they do not replace, in a given country, traditional norms, soft law and self-regulation instruments constitute powerful mechanisms for the consolidation of sustainability as an inducing paradigm in Global Law, as a value, a fundamental principle of the local and international legal order. As for the methodology, the report of the results will be composed in the Inductive logic base. In the different phases of the Research, the Referent, Category, Operational Concept and Bibliographic Research Techniques will be used.