The Constitutionalization of International Law

This book explores the constitutionalization of international law, analyzing its features, challenges, and implications in a global context, while offering insights into the evolving relationship between international and national legal systems.

The Constitutionalization of International Law delves into a significant and ongoing debate within international law regarding the extent to which the international legal system is evolving towards a constitutional framework. The author critically examines whether this constitutionalization is occurring and explores the implications of a constitutionalized world order. By analyzing various constitutionalist theories and proposing new ideas, the book seeks to shed light on the characteristics that define constitutional features within the international legal landscape.

As globalization progresses, the establishment of new international institutions and courts has raised pertinent questions about the constitutional attributes of international law in comparison to national legal systems. The book highlights the discussion surrounding constitutionalization, particularly in the context of the European Union, and extends this inquiry to the global level. It investigates the current international order's constitutional elements, the distinct challenges it faces compared to national systems, and the potential interactions between various international arrangements and the national constitutional frameworks.

In its critical appraisal of constitutionalist concepts, the book argues that viewing the evolution of international law as a process of constitutionalization offers valuable insights. It identifies emerging constitutional trends and the challenges involved in creating effective international organizational structures. Furthermore, the author outlines procedures for standard-setting, implementation, and judicial functions, ultimately sketching what a constitutionalized world order could entail. The paperback edition also includes a discussion of the book on the EJIL Talks blog, enriching the reader's understanding of its themes and arguments.