Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Conflicts-Law Constitutionalism: Ambitions and Problems

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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

10.1163/9789004228832_009
/content/books/b9789004228832s009
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Reflections on the Constitutionalisation of International Economic Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation