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19 - International Constitutionalism

from Part V - Transnational Constitutionalism

Published online by Cambridge University Press:  30 September 2019

By
Jan Klabbers
Edited by
Roger Masterman  and
Robert Schütze
Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

International law has always been conceived as a project involving sovereign and equal states, who would be forever locked in battle with each other – if not literally, then at least metaphorically. The international legal order, such as it is, was always conceptualized as a horizontal order, mostly geared towards facilitating the co-existence of states, and with scant attention for planetary unity, or even for the interests of individual human beings. International law was made by states, to regulate relations between states, and for the benefit of states. What happened within those states was long considered anathema, and nothing was supposed to exist above those states.

Type
Chapter
Information
The Cambridge Companion to Comparative Constitutional Law , pp. 498 - 520
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Benvenisti, E., The Law of Global Governance (Hague Academy of International Law, 2014).Google Scholar
Klabbers, J., Peters, A. and Ulfstein, G., The Constitutionalization of International Law (Oxford University Press, 2009).Google Scholar
Koskenniemi, M., ‘Constitutionalism as Mindset: Reflections on Kantian Themes about International Law and Globalization’ (2007) 8 Theoretical Inquiries in Law 9–36.Google Scholar
Krisch, N., Beyond Constitutionalism: The Pluralist Structure of Postnational Law (Oxford University Press, 2010).CrossRefGoogle Scholar
Stein, E., ‘Lawyers, Judges and the Making of a Transnational Constitution’, (1981) 75 American Journal of International Law 1–27.Google Scholar
Walker, N., Intimations of Global Law (Cambridge University Press, 2015).Google Scholar

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