1st Edition

Fragmentation vs the Constitutionalisation of International Law A Practical Inquiry

Edited By Andrzej Jakubowski, Karolina Wierczyńska Copyright 2016
    318 Pages
    by Routledge

    318 Pages
    by Routledge

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    The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation.

    This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

    Introduction, Andrzej Jakubowski and Karolina Wierczyńska Part 1: International Constitutionalisation as a Claim  1. Constitutionalisation: A New Philosophy of International Law? Jerzy Zajadło and Tomasz Widłak  2. From the Internationalisation of National Constitutions to the "Constitutionalisation" of International Law: The Role of Human Rights Vassilis Tzevelekos and Lucas Lixinski  3. International Constitutionalism, Language in Legal Discourse, and the Functions of International Law Scholarship, Roman Kwiecień   4. The Creeping Constitutionalization and Fragmentation of International Law: From "Constitutional" to "Consistent" Interpretation Maurizio Arcari  Part 2. Fragmentation of International Law as a Challenge to Its Constitutionalisation  5. The Paradoxes of Fragmentation – Does Regional Constitutionalisation Constitute a Fragmentation Threat to the International Legal Order? François Finck  6. International Constitutionalisation of Protection of Privacy in the Internet – the Google Case Example Krystyna Kowalik Banczyk  7. The "Revival" of Sovereignty via the Complementarity Regime and the ‘Doctrinal’ Idea of Responsibility to Protect; What about Constitutionalization? Maria Varaki  8. Fragmentation of the Law of Targeting – A Comfortable Excuse or Dangerous Trap Patrycja Grzebyk  9. The Rome Statute and the Debate Surrounding the Constitutionalization, Fragmentation and Pluralisation of International Criminal Law – Karolina Wierczyńska  Part 3. Constitutionalisation through Fragmentation  10. Justifying ‘Fragmentation’ and Constitutional Reforms of International Law in Terms of Justice, Human Rights and ‘Cosmopolitan Constitutionalism’ Ernst-Ulrich Petersmann  11. A Constitutionalised Legal Order – Exploring the Role of the World Heritage Convention (1972) – Andrzej Jakubowski  12. Constitutionalisation through Fragmented Adjudication – Mónika Ambrus  13. From Fragmentation to Coherence: a Constitutionalist Take on the Trade and Public Health Debates - Chien-Huei WU  14. Access to Environmental Justice for NGOs: Interplay Between the Aarhus Convention, the EU Lisbon Treaty, and the European Convention on Human Rights - Marjolein Schaap – Rubio Imbers  15. The ‘Reconciliatory Approach’ – An Interpretative Response to Harmonize International Environmental Law with other Specialised Areas of International Law – Britta Sjöstedt



    Andrzej Jakubowski is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences. He has authored a monograph State Succession in Cultural Property (OUP, 2015) and edited a volume Cultural Rights as Collective Rights - An International Law Perspective (Brill, 2016).

    Karolina Wierczyńska is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences where she serves as a managing editor of The Polish Yearbook of International Law. Her current research relates to the admissibility issues before the ICC.