International law - a constitution for mankind? : An attempt at a re-appraisal with an analysis of constitutional principles

One of the current trends in international law scholarship is the question of which influences specific legal cultures have on the understanding of international law. This contribution will trace the conditions of a Germ
One of the current trends in international law scholarship is the question of which influences specific legal cultures have on the understanding of international law. This contribution will trace the conditions of a German perspective and analyse the debate against the background of positive law. We will try to assess what the debate adds to the general theory of international law, how it fits into demands of legitimacy of international governance, and whether it contributes to a sensible reconstruction of current law. Furthermore, we try to develop our own perspective that matches the system of international law and is plausible in terms of international legal theory. For that purpose, we will first take It is probably in this context that the contention has to be understood that the ongoing debate on the constitutionalisation of public international law is particularly European, if not German. Whether or not this is the case is difficult to investigate with a lawyer’s tools. However, the idea that international law is the constitution of mankind has found many adherents in German legal writings. This contribution will trace the conditions of a German perspective and analyse the debate against the background of positive law. We will try to assess what the debate adds to the general theory of international law, how it fits into demands of legitimacy of international governance, and whether it contributes to a sensible reconstruction of current law. Furthermore, we try to develop our own perspective that matches the system of international law and is plausible in terms of international legal theory. For that purpose, we will first take up the debate and find its place in the landscape of international legal theory. In this context, we try to shed light on the central concepts used or presupposed when constitutionalisation is discussed by German-speaking scholars (see below, section B). Furthermore, we will discuss structures in positive law which are used as arguments in the debate (section C). Finally, we will try to give an account of constitutionalisation in terms of both sources doctrine and legal theory (section D), before drawing conclusions from the discussion (section E).
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Metadaten
Author:Stefan Kadelbach, Thomas Kleinlein
URN:urn:nbn:de:hebis:30-77475
ISSN:0344-3094
Parent Title (English):German Yearbook of International Law
Publisher:Duncker & Humblot
Place of publication:Berlin
Document Type:Article
Language:English
Date of Publication (online):2010/05/26
Year of first Publication:2008
Publishing Institution:Univ.-Bibliothek Frankfurt am Main
Release Date:2010/05/26
Tag:International Law ; constitutionalisation ; constitutionalism; international legal theory
SWD-Keyword:Internationales Recht ; Konstitutionalismus
Volume:50 (2007)
Note:
This work is licensed under the Creative Commons Attribution-Non-Commercial-No Derivative Works 3.0 Germany License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/de/deed.en_GB.
HeBIS PPN:223842877
Institutes:Rechtswissenschaft
Exzellenzcluster Die Herausbildung normativer Ordnungen
Dewey Decimal Classification:340 Recht
Sammlungen:Universitätspublikationen
Licence (German):License LogoCreative Commons - Namensnennung-Nicht kommerziell-Keine Bearbeitung 3.0

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