The Constitutionalization of International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 April 2011
- ISBN 9780199693542
- Binding Paperback
- No. of pages436 pages
- Size 234x170x27 mm
- Weight 702 g
- Language English 0
Categories
Short description:
An important ongoing debate in international law concerns the extent to which the international legal system is becoming constitutionalized. This book examines whether such constitutionalization is taking place and what a constitutionalized world order could or should imply, by critically analysing constitutionalist theories and advancing new ideas
MoreLong description:
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level.
The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.
This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
...this coherent book whose well structured argument keeps the reader engaged throughout the almost 400 pages, and which helps put the whole constitutionalist debate in international law in clear perspective.
Table of Contents:
Setting the Scene
Institutions and Competences
Law-making and Constitutionalism
The International Judiciary
Membership in the Global Constitutional Community
Dual Democracy
Conclusions
Epilogue: EJIL Talk discussion
The Constitutionalization of International Law
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