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 Wierczyska Part 1:
International Constitutionalisation as a Claim
1. Constitutionalisation: A
New Philosophy of International Law? Jerzy Zajado and Tomasz Widak
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 Kwiecie
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? Franēois 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
Wierczyska 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 Wierczyska 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.
