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Constitutionalism Lite

Constitutionalism Lite Constitutionalism Lite 31 CONSTITUTIONALISM LITE J AN K LABBERS * I. INTRODUCTION If anyone were to propose a pairing of phrases to characterize current develop- ments in international law, the smart money would surely be on constitution- alization and fragmentation. On the one hand, many international lawyers raise worries about the possible fragmentation of international law: 1 fragmentation threatens to undermine the unity of international law (so warmly embraced since the days of Sir Hersch Lauterpacht 2 ), and has a great potential for conflict, between norms at first and therewith ultimately between actors. On the other hand, and partly in response, international law is also heavily engaged in a countermove: 3 many international lawyers propose that treaty regimes be constitutionalized, and voice such proposals in particular in the context of international organizations. 4 As such, the identification of constitutional or quasi-constitutional tenden- cies and desiderata may not be a terribly novel phenomenon. The United Nations Charter, e.g., has been regarded by many already for a long time as a International Organizations Law Review 1 : 31–58, 2004 ©2004 Koninklijke Brill NV, Leiden, The Netherlands. * Professor of International Law, University of Helsinki. Bits and pieces of this http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

Constitutionalism Lite

Klabbers, Jan
International Organizations Law Review , Volume 1 (1): 31 – Jan 1, 2004
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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/1572374043242411
Publisher site
See Article on Publisher Site

Abstract

Constitutionalism Lite 31 CONSTITUTIONALISM LITE J AN K LABBERS * I. INTRODUCTION If anyone were to propose a pairing of phrases to characterize current develop- ments in international law, the smart money would surely be on constitution- alization and fragmentation. On the one hand, many international lawyers raise worries about the possible fragmentation of international law: 1 fragmentation threatens to undermine the unity of international law (so warmly embraced since the days of Sir Hersch Lauterpacht 2 ), and has a great potential for conflict, between norms at first and therewith ultimately between actors. On the other hand, and partly in response, international law is also heavily engaged in a countermove: 3 many international lawyers propose that treaty regimes be constitutionalized, and voice such proposals in particular in the context of international organizations. 4 As such, the identification of constitutional or quasi-constitutional tenden- cies and desiderata may not be a terribly novel phenomenon. The United Nations Charter, e.g., has been regarded by many already for a long time as a International Organizations Law Review 1 : 31–58, 2004 ©2004 Koninklijke Brill NV, Leiden, The Netherlands. * Professor of International Law, University of Helsinki. Bits and pieces of this

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International Organizations Law Review – Brill

Published: Jan 1, 2004

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