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The Constitutionalization of International Law (Hardcover)
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The Constitutionalization of International Law (Hardcover)
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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 organizational 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.
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