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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Elements of Constitutionalization †

Elements of Constitutionalization †

Multilevel Structures of Human Rights Protection in General International Law and WTO-Law

(p.101) 11 Elements of Constitutionalization
Comparative Law as Transnational Law

Frank Schorkopf

Christian Walter

Oxford University Press

Both internationalists and national constitutionalists are currently reflecting on changes in the basic structures of public law. From a national perspective, the process of globalization calls into question the hitherto generally accepted view of constitutional law as the top of the pyramid of norms. In international law, the development of subject-oriented régimes has led to a proliferation of international courts and other bodies entrusted with the resolution of disputes. This trend poses a risk of fragmentation that contrasts with the concurrent discovery of processes of constitutionalization in international law. Starting with the functions of the constitution in national law, this chapter first develops elements of constitutionalization in international law in general. The identified problems are then elaborated upon in more detail with respect to the law of the World Trade Organization.

Keywords:   public law, international law, globalization, World Trade Organization, constitutionalization, constitution, national law

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