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New Perspectives on the Divide Between National and International Law$
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Janne E. Nijman and André Nollkaemper

Print publication date: 2007

Print ISBN-13: 9780199231942

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199231942.001.0001

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International Law in a Process of Constitutionalization

International Law in a Process of Constitutionalization

(p.191) 8 International Law in a Process of Constitutionalization
New Perspectives on the Divide Between National and International Law

Christian Walter

Oxford University Press

This chapter explores the utility of the concept of constitutionalism as a perspective to study and understand the changing nature of the relationship between international and national law. It develops a critical point of view towards two alternative concepts: the first concerns the description of ‘international governance’ from the perspective of a network structure; the second concerns models of legal pluralism. It suggests a re-conceptualization of international law by shifting from actor-centrism to subject-matter-orientation, which can be currently witnessed in international law in general. Finally, the chapter sketches a model in which processes of constitutionalization on different levels may be analyzed and taken into account in order to develop an inclusive international law. It argues that ‘constitutionalization of international law’ has to be seen as a deliberative process in which new forms of hierarchies are gradually being developed.

Keywords:   constitutionalism, international law, national law, constitution, international governance, legal pluralism, actor-centrism, subject matter orientation, fragmentation, supremacy of international law

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