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Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals

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Chapter Summary

Many fundamental "rules" of international law pose logical and empirical puzzles. This is probably a very general attribute of international institutions. In this chapter the author examines one particular set of puzzles related to treaty law, and suggests a conceptual approach which clearly explains how certain treaties in fact operate, although it can be argued that such operations may not be easy to explain without utilizing certain concepts that are defined as "constitutional treaties". The traditional ideas of international law (IL) seem largely based on the concept of "consent". The author suggests that some IL rules relating to relatively frequent and common activity, perhaps especially economic activity, do not fit the older world of IL. International law is a very complex but vital set of concepts. Consequently it is important for practitioners and academics to provide the conceptual framework to enable the system to progress beyond its current borders.

Keywords: consent; constitutional treaties; economic activity; framework; international institutions; international law (IL)



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