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'Constitutionalization' Of International Law: A Sceptical Voice

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Chapter Summary

This chapter talks about the certain 'constitutionalist' approaches to international law that are found in the literature. It examines briefly the nature of the Charter of the United Nations (UN) and the Security Council. The 'idealist' approach has been around for a long time, and is not confined to (and not necessarily to be found in) those working for non-governmental organizations. There is an increasing literature on the 'constitutionalization' of international law. Many international legal theories, including those that may be seen to fall under the heading of 'constitutionalism,' are essentially policy approaches. Much of the literature on the 'constitutionalization' of international law concerns the UN Charter and Security Council. The 'constitutionalist' approach may even become damaging; it risks becoming part of what has been termed the 'demonisation' of the Security Council.

Keywords: constitutionalist approaches; international law; Security Council; United Nations (UN) Charter



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