Towards World Constitutionalism

Issues in the Legal Ordering of the World Community

The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law.

To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges.

Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies.

This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.

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'This work should serve as an excellent resource for present and future generations faced with the issues surrounding potential potential UN reform. The compilation allows the reader to access a useful volume of contemporary scholarship on an important, continually evolving subject. The essays are also well-documented; the references alone provide the reader with a survey of important sources and writings from experienced diplomats, jurists, scholars, and practitioners.'
Kelly Vinopal, The American Journal of International Law, Volume 100 (2006).
'The editors have collated a refreshingly balanced but cutting edge endeavor, via contributors with varied points of view. The authors, however, are by no means neutral in this debate - a feature that promotes interest and diversity of perspective in this sizeable volume...The editorial dream - assembling a large group of contributors, each producing a well-written and researched perspective on a valuable joint product - has been clearly realized in this publication. Freshly produced articles and books in the field of International Law tend to be rather specialized. The editors have herein produced a literary gem. It combines specialized analyses, in a volume that serves the international community of scholars and diplomats, with completeness of coverage on the general issue of the potential for a world actually governed by the same constitute regime.'
ASIL Newsletter UN21 Interest Group, 2006.
Foreword Ambassador Tommy Koh;
Part 1: Foundations of the International Legal Community;
1. World Constitutionalism in the Theory of International Law Douglas M. Johnston;
2. Multilateralism in the Age of US Hegemony Christian Tomuschat;
3. American Unilateralism and the Rule of Law Robert F. Turner;
4. International Democratic Constitutionalism Brun-Otto Bryde;
Part 2: Uniformity and Diversity in International Law;
5. The Globalisation of Philosophy and the Philosophy of Globalisation Philip Allott;
6. A Transcivilizational Perspective on Global Legal Order in the Twenty-First Century Yasuaki Onuma;
7. International Law as a Cultural Perspective: Towards a Convergence of Civilizations? Saeid Mirzaee-Yengejeh;
8. Fragmentation of International Law? A View from Russia Roman A. Kolodkin;
9. Centrifugal and Centripetal Tendencies in the International System: Some Reflections V.S. Mani;
10. Universalism, Regionalism and Localism in the Age of Globalization Wladyslaw Czaplinski;
11. The Search for Universal Justice Eric Wyler and Alain Papaux;
Part 3: Geopolitics, Values and the Clash of Civilizations;
12. Contributions of Islam to the Development of a Global Community Based on Rules of International Law Ahmed Abou-El-Wafa;
13. Developing Countries in the Group of 77: A Journey in Multilateral Diplomacy 1964-2004 Awni Behnam;
14. America’s Doctrines: The Monroe and Bush Doctrines Compared Alfred P. Rubin;
Part 4: The Historical Development of International Legal Institutions;
15. The Basic Principles of UN Charter Law Karl Zemanek;
16. The Legislative Powers of the United Nations Security Council (NO) Munir Akram and Syed Haider Shah;
17. Legislative Powers of the Security Council Axel Marschik;
18. Contribution of the General Assembly to the Constitutional Development and Interpretation of the United Nations Charter Manuel Rama-Montaldo;
19. The Relevance of International Adjudication Revisited: Reflections on the Need and Quest for International Compulsory Jurisdiction Antônio Augusto Cançado Trindade;
20. The Legal Ordering of International Trade: From GATT to the WTO Donald M. McRae;
21. The Legal Ordering of Environmental Protection Alexandre Kiss;
22. Accountability of International Organizations: A Critical View Gerhard Hafner;
23. Forging a Multilayered System of Global Governance Charlotte Ku;
Part 5: Confrontations with Established Principles of International Law;
24. Security Concerns and National Sovereignty in the Age of World-Wide Terrorism Vaughan Lowe;
25. Terrorism and Non-State Organizations B.G. Ramcharan;
26. The Doctrine of “Just War” and Contemporary International Law (DISK) Benedetto Conforti;
27. Pirates, the Enemies of Humankind, and the Concept of Universal Jurisdiction Hilario G. Davide, Jr. ;
28. The Legitimacy of “Leader States”: The Demise of State Equality Sienho Yee;
Part 6: Idealism and the Arena: International Law under Stress;
29. Solidarity as a Constitutional Principle: Its Expanding Role and Inherent Limitations Karel Wellens;
30. Straddling Law and Politics: Judicial Review in International Law Jan Klabbers;
31. The Meaning of International Constitutional Law Bardo Fassbender;
32. The International Community as a Legal Community Ronald St. J. Macdonald;
33. The United Nations of the Future B.G.Ramcharan;
About the Contributors;
Index.
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