Towards a Humanized International “Constitution”?

TZEVELEKOS, VASSILIS P ORCID: 0000-0002-5091-3786 and LIXINSKI, LUCAS (2016) Towards a Humanized International “Constitution”? Leiden Journal of International Law, 29 (2). pp. 343-364.

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Abstract

<jats:title>Abstract</jats:title><jats:p>The article argues that, by bringing a number of changes of systemic proportions in the order of international law, the internationalization of national constitutional human rights law has led to the ‘constitutionalization’ of international law. To build that argument, the paper first critically assesses the constitutionalization narrative. To that end it explains the reasons for its agnostic stance vis-à-vis the constitutionalization narrative and highlights the fact that international law has always contained some general, “constitutional” features that are particular to its systemic physiognomy. The article then explains how human rights law, as a special branch of international law, expands beyond the so-called humanization of international law narrative, acting as an important ingredient in a number of other narratives such as the constitutionalization of international law and the ones that are comparable to it, like legal pluralism and fragmentation. As to the systemic changes the internationalization of human rights has brought to the order of public international law, the examples given are those of collective enforcement at the decentralized level for the protection of common interests/values, sui generis normative hierarchy beyond<jats:italic>jus cogens</jats:italic>and the idea of the responsibility of states to act in a protective manner linked with the principle of due diligence and the so-called positive effect that human rights develop.</jats:p>

Item Type:	Article
Additional Information:	Source info: Leiden Journal of International Law, Volume 29, Issue 02, pp 343 - 364, 2016
Uncontrolled Keywords:	constitutionalization; humanization; erga omnes; due diligence; normative hierarchy
Depositing User:	Symplectic Admin
Date Deposited:	11 May 2016 10:31
Last Modified:	19 Jan 2023 07:37
DOI:	10.1017/s0922156516000054
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3001138