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The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
Price: $177.00
Pages: 216
Publisher: Brill
Imprint: Brill | Nijhoff
Publication Date:
07 April 2009
ISBN: 9789004175105
Format: Hardcover
"Among the many books or articles on the subject, Fassbender’s is by far the clearest exposition of what international constitutional theory can achieve. Rare among constitutionalists, his theory is not just wishful thinking but a legally argued construction and conclusive in se – provided one accepts the author’s axiomatic defi nition of a constitution. It is an update of the Verdrossian concept, first expressed in Die Verfassung der Völkerrechtsgemeinschaft (The Constitution of the International Legal Community) of 1926, to which Fassbender explicitly refers (pp. 28-36). Fassbender has refi ned the concept and adjusted it to current conditions. It is a specific construction of what already exists and, unlike idealistic concepts, does not propose to remodel the international legal order, but only to apply it differently in the light of the fundamental values expressed in the Charter as supreme law of the international community." - Karl Zemanek, in: Austrian Review of International and European Law, 2008
Bardo Fassbender, LL.M. (1992), Yale Law School, Dr. iur. (1997) and Dr. iur. habil. (2004), Humboldt University Berlin, is Professor of International Law at the Bundeswehr University Munich, Germany. He taught at the universities of Berlin, Munich and St. Gallen. Among his many publications on international law and the United Nations is UN Security Council Reform and the Right of Veto: A Constitutional Perspective (Kluwer Law International, 1998).