The Constitutionalization of International Law

Abstract

Constitutional issues have century-long traditions at the national level. The relevance of constitutional questions at the international level has, however, been the subject of much debate in recent years. This 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, 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 provides a critical appraisal of constitutionalist ideas and of their critique. It postulates 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 does not undertake extensive empirical studies of the degree of constitutionalization in international cooperation. It rather identifies constitutional trends and challenges in establishing international organizational structures, and designs procedures for standard-setting, implementation and judicial functions.