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Global Law Working Papers
2005 Series
GLWP 05/05
Author
Theodor Schilling
Global Emile Noel Fellow from Government (2004-2005)
Lawyer-Reviser, Court of Justice of the EC
Extraordinary Professor, Humboldt University (Berlin)
Title
"On the Constitutionalization of General International Law"
This Global Law Working Paper is also a Jean Monnet Working Paper.
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 role 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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