BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

The hypothesis is that the sustainability of international business in the transnational area is linked to the full connection with the guarantee of Human Rights, in which, the hypothesis of building this negotiating area without the guarantee of Human Rights – that is, outside a fully democratic and sustainable society – delegitimizes the process of international business. The German philosopher Jürgen Habermas in the book Time of Transitions 4 foresees the construction of new spaces from the perspective of expanding the sphere of influence of the experience of democratic societies beyond national borders. In Habermas’s view, such a process of democratization can be reproduced in what he calls the postnational constellation ( Die postnationale Konstellation ) 5 on the path of an internal policy aimed at the world at large, that is, open to a cosmopolitan legal order capable of functioning without the structure of a world government, 6 capable of functioning without the structure of a world government. 7 It is well known that the evolution of human rights constitutes a moment of discussion and reflection of the dignity of human life in all scenarios of connections, be it national or international. The recent history of the world economy indicates caution in stating how institutions and relations will be between the different blocs of nations that will compose the International Community. Even so, the need to address issues related to the phenomenon of transnationality, in a more radical sense, without fear of committing exaggerations, is inevitable and evident: it is vital for the future of the human race to deal with the issues we call transnational demands in the field of this article, the demand for businesses aimed at the production of goods and services. The phenomenon of transnationality comes from the so-called transnational demands that are related to the question of the effectiveness of so-called diffuse and cross-border rights. In this way, the transnational demands are fundamental questions for the human being and that have been classified by the doctrine as “new” rights. One fact is impossible to avoid: transnational issues must be aproached and addressed by the entire international community differently from that provided for in existing domestic and international legislation. The discussion on transnational demands firstly revolves around the question of war and peace. This is certainly the first great transnational and diffuse question of humanity. Human Rights are a phenomenon of the modern world and are first conceived and theorized as Rationalist Natural Law 8 and it will be precisely in a debate on the theme 4 HABERMAS, J. Time of Transitions . Rio de Janeiro: Tempo Brasileiro, 2003. Original title: Zeit der Übergänge. 5 HABERMAS, J. The National Constellation: Political Essays . Translated by Marcio SeligmannSilva. Sao Paulo: Littera Mundi, 2001. Original title: Die postnationale Konstellation: Politischen Essays. 8 One can not speak properly of fundamental rights until modernity. When we affirm that it is a historical concept of the modern world, we mean that the ideas that underlie its root, human dignity, freedom or equality, for example, only begin to pose from the rights at a particular moment in time. political and legal culture. Before there was an idea of dignity, freedom and equality that we find dispersed in classic authors such as Plato, Aristotle or St. Thomas, but they do not unify in this concept. PECES-BARBA, G. Curso de Derechos Fundamentales: teoría general . Madrid: Universidad Carlos III de Madrid, 1995. p. 113-114. 6 HABERMAS, J. Time of Transitions . Specifically chapter 2, p. 37-74. 7 HABERMAS, J. Time of Transitions . Specifically chapter 6, p. 175-193.

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