The Jean Monnet Working Papers > 2005 Jean Monnet Papers


No.6/05

Author: Theodor Schilling

Title: On the Constitutionalization of General International Law

Abstract: This article discusses a constitutionalization of general international law which aims at transposing the achieve­ments of the constitutional State system to the in­ter­na­tio­nal level. Constitutionalization is discussed in four steps and two excursus: defining the specific interest of the present research, defining the requirements necessary for a meaningful conception of international law constitutionalization, discussing the dynamism of the in­ter­na­tio­nal legal order, describing the relevant legal facts as found on the ground, discussing a possible model rôle of intra-treaty constitutionalization, and discussing structural possibilities of a further international law constitutionalization. The discussion will center on the structural requirements of an international law constitutionalization and compare it with international law's structural givens.

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Last updated on September 9th, 2004