The Constitutionalization Of International Law
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The Constitutionalization Of International Law
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Author : Jan Klabbers
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
The Constitutionalization Of International Law written by Jan Klabbers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
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.
The Constitutionalization Of International Law
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Author : Jan Klabbers
language : en
Publisher: Oxford University Press
Release Date : 2009-10
The Constitutionalization Of International Law written by Jan Klabbers and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10 with Law categories.
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 andof 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.
Fragmentation Vs The Constitutionalisation Of International Law
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Author : Andrzej Jakubowski
language : en
Publisher: Routledge
Release Date : 2016-07-01
Fragmentation Vs The Constitutionalisation Of International Law written by Andrzej Jakubowski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-01 with Law categories.
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Global Constitutionalism In International Legal Perspective
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Author : Christine EJ Schwöbel
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-03-21
Global Constitutionalism In International Legal Perspective written by Christine EJ Schwöbel and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Law categories.
Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.
Multinationals And The Constitutionalization Of The World Power System
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Author : Jean-Philippe Robe
language : en
Publisher: Routledge
Release Date : 2016-06-03
Multinationals And The Constitutionalization Of The World Power System written by Jean-Philippe Robe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-03 with Law categories.
This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
Reflections On The Constitutionalisation Of International Economic Law
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-12-13
Reflections On The Constitutionalisation Of International Economic Law written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-13 with Business & Economics categories.
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.
Global Constitutionalism
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Author : Aydin Atilgan
language : en
Publisher: Springer
Release Date : 2017-11-27
Global Constitutionalism written by Aydin Atilgan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
The United Nations Charter As The Constitution Of The International Community
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Author : Bardo Fassbender
language : en
Publisher: BRILL
Release Date : 2009-04-07
The United Nations Charter As The Constitution Of The International Community written by Bardo Fassbender and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-07 with Law categories.
This book, written by one of the leading participants of the debate on a “constitutionalization” of international law, explains why the Charter of the United Nations must be understood as the constitution of the international community, and the legal consequences arising from that characterization.
International Law
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Author : Jan Klabbers
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-10
International Law written by Jan Klabbers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
Clear and concise: a landmark publication in the teaching of international law from one of the world's leading international lawyers.
Constitutionalizing World Politics
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Author : Karolina M. Milewicz
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-23
Constitutionalizing World Politics written by Karolina M. Milewicz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-23 with Law categories.
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.