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The Constitutionalization of International Law$
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Jan Klabbers, Anne Peters, and Geir Ulfstein

Print publication date: 2009

Print ISBN-13: 9780199543427

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199543427.001.0001

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Institutions and Competences

Institutions and Competences

(p.45) 2 Institutions and Competences
The Constitutionalization of International Law

Geir Ulfstein

Oxford University Press

The substantive scope of international institutional cooperation increases and states feel compelled to participate in such cooperation. This means that institutions different from the state are delegated power to make decisions and adopt policies beyond the control of each individual member state. In the absence of national constitutional control, this chapter examines to what extent democratic control of decision-making, guarantees related to the rule of law, and protection of human rights should be ensured at the international level. It also discusses whether the fragmented international institutional framework should be replaced by a hierarchic constitutional order. Finally, the inter-action and respective functions of international and national constitutionals organs are addressed.

Keywords:   democracy, rule of law, human rights, fragmentation, international organizations, soft law

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