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.
Les mer
Produktdetaljer
ISBN
9780191615917
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok