Forum
Paper Title: Constitutionalization of General International Law — An Answer to Globalization? (full
text)*
Abstract of Forum Paper:
Globalization implies the erosion of municipal human rights protection. A possible answer is the
internationalization of this protection. This article looks at possibilities to reënforce the
international protection by a constitutionalization of general international law. While many rules
of constitutional protection have been internationalized, mainly by multilateral treaties, and
while the international community is able to issue general international consensus law protecting
e.g. human rights globally, up to now it has not made extensive use of this ability. Further, an
entrenchment of such consensus law, once issued, against amendments or abolition by later
consensus law appears not to be feasible. In contrast, treaty bodies have developed human rights
treaty law in such a way that it now offers far-reaching protection against attenuation by
whatever means, thereby emulating an entrenchment of the treaty rules, if only restricted to
treaty States.
Biography |
Top