The Subsidiary Function in the Constitutions of Latin America and its implication on multilateral relations

Abstract

This article is based on the categories used by Immanuel Wallerstein to explain the capital system. Wallerstein names such system as World-System, that is an internationalized economic model, characterized by the interconnection of markets, which establishes a hierarchy among countries. Therefore, sovereignty, according to this author, is not an attribute of the modern states because since the Westfalia treaties they have been submitted to an international order. The American States were created at a time when the World-System was being constituted and such aspects are fundamental to establish the concept of “Latin America”, analized in this text, and also to explain the presence of anti-systemic elements in the legal order of this region. An example is the subsidiarity principle, present in the relation between States and International Organizations from the region. Comparing such precept with classical elements of the modern States, we conclude that the subsidiarity principle has anti-systemic characteristics which modify the rationality of the World-System. Keywords: World-System – Latin America – Subsidiarity Principle – Constitutional Norms - Democracy