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Conflicts-Law Constitutionalism: Ambitions and Problems

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Chapter Summary

The project defined as "conflicts-law constitutionalism" (c-l-c) is rooted in European law. The approach was designed as a counter-move to the orthodoxy of European legal doctrines and an alternative to the mainstream of European constitutionalism, and as a defence of the integration project against both the gradual destruction of Europe's welfarist legacy and its clandestine de-legalisation. Gunther Teubner has contrasted the conflicts-law approach with his vision of societal constitutionalism. He underlines that c-l-c as developed in the European context relies on "externally institutionalized rules". Petersmann has developed an agenda for a comprehensive constitutionalisation of international economic law. Contrary to the benign neglect of the economy in contemporary European and international constitutionalism, the economy is indeed at the centre stage of Petersmann's work. But this economy is comprehensively constitutionally "embedded". The basis for Petersmann's visions is positive developments of international human-rights law and international treaty law.

Keywords: conflicts-law constitutionalism (c-l-c); Europe's welfarist legacy; European legal doctrines; international human rights; international treaty law



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