4 12. On this eve of the XXIst century, there persists a décalage [cf.] between the demands of protection in a "globalized" world and the means of protection in an atomized world. The so-called "globalization", I allow myself to insist, has not yet encompassed the means of protection of the human being. Regrettably, the universal juridical conscience - in which I firmly believe11 - does not yet appear to have awakened sufficiently either for the necessity of the conceptual development of the international responsibility other the purely of the State12. This latter ought, thus, to respond for the consequences of the practical application of the norms and public policies that it adopts in the matter of migration, and in particular of the procedures of deportations and expulsions. III. Uprootedness and Human Rights: The Juridical Nature of the Provisional Measures of Protection. 13. Having pointed out, in relation to the uprootedness, the complementary aspects of its global dimension and of the State responsibility, may I move on to the third and last aspect of the problem, pertaining to its place in the context of the provisional measures of protection. A special emphasis, in tackling the tragedy of uprootedness, ought to fall on the prevention13, of which the very adoption of provisional measures of protection in the framework of the International Law of Human Rights constitutes an eloquent manifestation. The intertemporal dimension is thus manifested in the phenomenon of uprootedness as well as in the application of provisional measures of protection. 14. Likewise, the indivisibilidad of all human rights is manifested in the phenomenon of uprootedness (cf. supra) as well as in the application of provisional measures of protection. It being so, there is, juridically and epistemologically, no impediment at all for such measures, which so far have been applied by the InterAmerican Court in relation to the fundamental rights to life and to personal integrity (Articles 4 and 5 of the American Convention on Human Rights), to be also applied in relation to other rights protected by the American Convention. All those rights being interrelated, it is perfectly possible, in my understanding, to order provisional 11 . If it did not exist, one would not have, in the past, e.g., abolished the international trade of slaves, abandoned the practice of secret treaties, prohibited war as an instrument of foreign policy, and put and end to colonialism with the crystallization and the exercise of the right of self-determination of peoples; if it did not exist, one would not have, in our times, e.g., affirmed the existence of imperative norms of international law (jus cogens) and of obligations erga omnes of protection of the human being, and configured a true contemporary international regime against torture, forced disappearances of persons, and summary, extra-legal and arbitrary executions. Such as I have been pondering for already some time (and more recently in my essay "A Emancipação do Ser Humano como Sujeito do Direito Internacional e os Limites da Razão de Estado", in Quem Está Escrevendo o Futuro? 25 Textos para o Século XXI, Brasília, Ed. Letraviva, 2000, pp. 99-112), it is due to this universal juridical conscience that international law has been transformed, from a legal order of pure regulation (as in the past) into a new corpus juris of liberation of the human being. 12 . As it can be inferred from the hesitations and uncertainties of the voluminous work on the matter, throughout so many years, of the International Law Commission of the United Nations. 13 . In 1997, the United Nations High-commissioner for Human Rights observed that, in the context of mass exoduses and human rights, "the term `prevention' ought not to be interpreted in the sense of impeding that the persons abandon a zone or country but rather in the sense of impeding that the situation of human rights is deteriorated to such an extent that the abandonment is the only option and also of impeding (...) the deliberate adoption of measures to displace by force a great number of persons, such as mass expulsions, internal displacements and forced eviction, resettlement or repatriation". U.N., Derechos Humanos y Éxodos en Masa - Informe del Alto Comisionado para los Derechos Humanos, document E/CN.4/1997/42, of 14.01.1997, p. 4, par. 8.

Select target paragraph3