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Fragmentation vs the Constitutionalisation of International Law

2016-07-01 Law
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Release : 2016-07-01
Genre : Law
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Book Rating : 287/5 ( reviews)

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Book Synopsis Fragmentation vs the Constitutionalisation of International Law by : Andrzej Jakubowski

Download or read book Fragmentation vs the Constitutionalisation of International Law written by Andrzej Jakubowski. This book was released on 2016-07-01. Available in PDF, EPUB and Kindle. Book excerpt: The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Fragmentation and Constitutionalisation of International Law

2012
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Release : 2012
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Book Synopsis Fragmentation and Constitutionalisation of International Law by : Rossana Deplano

Download or read book Fragmentation and Constitutionalisation of International Law written by Rossana Deplano. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines the idea of constitutionalisation of international law in light of concerns of fragmentation. It focuses on the dynamic of fragmentation in the international legal system. It shows that arguments about constitutionalism do not represent a remedy to the phenomenon of fragmentation. Consequently, the dissertation advances arguments of integrity of international law. Further, the dissertation examines new developments in constitutionalisation practices that support a normative, teleological approach to constitutionalisation in the international legal system. The dissertation offers insights on both the autonomy of the concept of international constitutionalism and the idea of fragmentation as a universally recognised characteristic of modern international law. It offers recommendations on how to address charges of fragmentation in international law in light of the dominant conception of modern international law.

Fragmentation vs the Constitutionalisation of International Law

2016-07-01 Law
Download Fragmentation vs the Constitutionalisation of International Law PDF Online Free

Author :
Release : 2016-07-01
Genre : Law
Kind : eBook
Book Rating : 279/5 ( reviews)

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Book Synopsis Fragmentation vs the Constitutionalisation of International Law by : Andrzej Jakubowski

Download or read book Fragmentation vs the Constitutionalisation of International Law written by Andrzej Jakubowski. This book was released on 2016-07-01. Available in PDF, EPUB and Kindle. Book excerpt: The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

The Constitutionalization of International Law

2009-10 Law
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Release : 2009-10
Genre : Law
Kind : eBook
Book Rating : 429/5 ( reviews)

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Book Synopsis The Constitutionalization of International Law by : Jan Klabbers

Download or read book The Constitutionalization of International Law written by Jan Klabbers. This book was released on 2009-10. Available in PDF, EPUB and Kindle. Book excerpt: 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 what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.

From Fragmentation to Constitutionalization

2015
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Release : 2015
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Book Synopsis From Fragmentation to Constitutionalization by : Harlan Grant Cohen

Download or read book From Fragmentation to Constitutionalization written by Harlan Grant Cohen. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting and exploring three types of constitutional conflicts rules already in limited use: (1) constitutional comity rules, (2) constitutional hierarchy rules, and (3) constitutional abstention rules.

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