The constitutionalization of international law / by Jan Klabbers, Anne Peters and Geir Ulfstein.

Format:

Book

Author/Creator:

Klabbers, Jan, author.

Peters, Anne, 1964- author.

Ulfstein, Geir, 1951- author.

Language:

English

Subjects (All):

International agencies.

International courts.

International cooperation.

Constitutional law.

International organization.

Physical Description:

1 online resource (1965 p.)

Place of Publication:

Oxford : Oxford University Press, [2009]

Language Note:

English

Summary:

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

Contents:

Cover Page; Title Page; Copyright Page; Preface; Contents; Table of Cases; List of Abbreviations; 1. Setting the Scene; 1. Introduction; 2. The Plan of this Book; 3. Fragmentation, Pluralization, Verticalization (and Privatization); 4. On Constitutionalization; 5. A Pluralist Constitutionalism; 6. Forms and Techniques; 7. On Legitimacy; 8. Conclusions: Towards a Legitimate Constitutional Order?; 2. Institutions and Competences; 1. Introduction; 2. Organizational Framework; 3. Constitutional Guarantees; 4. The Relationship between International Institutions

5. The Relationship to Member States6. Protection of Human Rights; 7. Conclusions; 3. Law-making and Constitutionalism; 1. Introduction; 2. An Infinite Variety; 3. Recent Theorizing; 4. A Functionalist Turn?; 5. Law versus Non-law; 6. Towards Presumptive Law; 7. Some Outstanding Issues; 8. Conclusions; 4. The International Judiciary; 1. Introduction; 2. Due Process; 3. The Need for Consistency; 4. Democratic Control; 5. Conclusions; 5. Membership in the Global Constitutional Community; 1. The Constitutional Community; 2. Individuals; 3. States; 4. International Organizations

5. Non-governmental Organizations6. Business Actors; 6. Dual Democracy; 1. Democracy as a Principle of the Global Constitutional Order; 2. First Track: The Democratization of International Governance via Democratic Nation States; 3. Second Track: Citizenship as the Basis of a Non-state Democratization of International Governance; 4. Second Track: The Role of Civil Society Actors in Global Democracy; 5. Second Track: Institutional Design for a Non-state Democratization of Global Governance; 6. Tensions between the Two Tracks; 7. Complementary Mechanisms of Legitimacy and Accountability

7. Conclusions1. A Paper Tiger?; 2. Sneaking into Legitimacy?; 3. Unpacking Global Constitutionalism?; 4. Constitutional Pluralism; 5. Compensatory Constitutionalism; 6. Global Constitutionalism as a Hermeneutic Device; 7. The Problem and Promise of Politics; 8. Global Constitutionalism's Critical Potential; Bibliography; Index; Footnotes; ch01fn1; ch01fn2; ch01fn3; ch01fn4; ch01fn5; ch01fn6; ch01fn7; ch01fn8; ch01fn9; ch01fn10; ch01fn11; ch01fn12; ch01fn15; ch01fn16; ch01fn17; ch01fn18; ch01fn19; ch01fn20; ch01fn21; ch01fn22; ch01fn23; ch01fn24; ch01fn25; ch01fn26; ch01fn27; ch01fn28

ch01fn29ch01fn30; ch01fn31; ch01fn32; ch01fn33; ch01fn34; ch01fn35; ch01fn36; ch01fn37; ch01fn38; ch01fn39; ch01fn40; ch01fn41; ch01fn42; ch01fn43; ch01fn44; ch01fn45; ch01fn46; ch01fn47; ch01fn48; ch01fn49; ch01fn50; ch01fn51; ch01fn52; ch01fn53; ch01fn54; ch01fn55; ch01fn56; ch01fn57; ch01fn58; ch01fn59; ch01fn60; ch01fn61; ch01fn62; ch01fn63; ch01fn64; ch01fn65; ch01fn66; ch01fn67; ch01fn68; ch01fn69; ch01fn70; ch01fn71; ch01fn72; ch01fn73; ch01fn74; ch01fn75; ch01fn76; ch01fn77; ch01fn78; ch01fn79; ch01fn80; ch01fn81; ch01fn82; ch01fn83; ch01fn84; ch01fn85; ch01fn86; ch01fn87; ch01fn88

ch01fn89

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [353]-384) and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-172047-X

1-283-58133-7

9786613893789

0-19-158264-6

0-19-161591-9

OCLC:

778339648