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Critical International LawPostrealism, Postcolonialism, and Transnationalism$
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Prabhakar Singh and Benoît Mayer

Print publication date: 2014

Print ISBN-13: 9780199450633

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199450633.001.0001

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Constitutionalism and Pluralism

Constitutionalism and Pluralism

Two Ways of Looking at Internationalism

Chapter:
(p.304) 12 Constitutionalism and Pluralism
Source:
Critical International Law
Author(s):
Prabhakar Singh

Sonja Kübler

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199450633.003.0012

This chapter argues that pluralism and constitutionalism are responses to two different problems within international law. While constitutionalism is needed to insure the legitimacy of the international legal order against the fragmentation of international law, pluralism helps curtail any hegemonic intent that international law’s original creators might have. Given its supra-nationality, this chapter uses European experiments with integration and European legal order generally as an example. The issue of Kosovo is discussed in order to evaluate the comparative potentials of constitutionalism versus pluralism at the grass root level. Against the backdrop of these examples, the chapter concludes that a horizontally structured system of legal pluralism is a desirable means to address and appreciate cultural and socio-legal issues within international law.

Keywords:   constitutionalism, pluralism, fragmentation, international law, transnationalism

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