Some Consequences of Markets’ Transnationalisation on the Protection of Subjective Rights

Abstract

Abstract The changes in the sovereignty plane are caused also by technologic, economic or strategic modifications affecting today's international society. These changes are accompanied by a reassessment of the protection of subjective fundamental rights (also called human rights) and of sovereignty as value, fact that is unconditionally accepted but many a time contested from the perspective of the effectiveness of these rights and of sovereignty itself. It is important to understand two aspects: first, the way in which positive law (positivism and its exclusively normative analysis) may cover causes”that are external to the legal system sometimes leading to an almost absolute inefficiency of fundamental rights”. The second aspect regards the need for an inter-disciplinary approach (legal, political, economic) that may lead to a better understanding of the concrete causes and the phenomenon of inefficiency of these rights. In any field of human activity there are preoccupations regarding the dysfunctionalities that may occur inside it also and consequently one studies the causes, manner of occurrence, their manifestations and consequences. In the domain of guarantee of subjective rights – a legal domain par excellence, but with multiple implications in the other fields of the social sphere – this is much more obvious.