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The Transfer Of The Constitutional Idea To The Sphere Of International Law: Different Approaches

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Chapter Summary

Many writers have used the notions of constitution and constitutional law with regard to international law and, more particular, the United Nations (Charter). Three schools of thought can be identified to which such systematic efforts can be attributed: first the school founded by the Viennese jurist Alfred Verdross, who started out from Kelsen's legal positivism but later both approached and influenced the mainstream, second the New Haven School (or 'policy-science approach') with Myres McDougal and Michael Reisman being the most prolifi c authors for the subject under discussion, and thirdly (and partially influenced by the first) a group of scholars, led by the late judge of the International Court of Justice (ICJ) Hermann Mosler, his successor Bruno Simma and Christian Tomuschat, advocating the 'doctrine of international community'. A fourth approach, styled 'constructivism', was developed by Nicholas Onuf.

Keywords: constitutional law; international community; international law; United Nations charter



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