Constructivism and Feminism in International Law: a necessary contribution of International Relations Theory

Abstract

Abstract: The main objective of this article is to assess the hypothesis of the contribution of the use of Theories of International Relations to International Law, as science. The methodology used is of a hypothetical-deductive nature, aiming to present the assumptions of the Constructivist and Feminist theories, which represent distinct ways of observing the interactions of international actors, as hypothesis of the contribution to the development of International Law. Thereby, an extensive bibliographical review of International Law doctrines and the main works of the aforementioned currents of International Relations will be carried out. Throughout the development of the text, the hypothesis was corroborated. Constructivism, based on the principle of co-constitution and concepts as agency, structure and norms, has enabled an innovative understanding of International Law, also demonstrating the applicability of this approach for a resignification of a basic concept of International Law: anarchy. Feminist Theory, contributes to the deconstruction of a naturally masculinized Law, defending the application of gender lenses in social relations and the differentiation between women's groups and their needs, thus promoting a more conscious International Law about the roles played by women in society, and thus highlighting the urgency of specific actions to guarantee their rights. Finally, the originality of this work is seen in the enrichment of the debate on the need to widen the intersections of the multiple disciplines that make up the Social Sciences, which make the Law, and more specifically International Law, more capable of responding to the challenges of the complex contemporary reality.