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4. On the Theory of the International Constitution

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Chapter Summary

Among all of the issues Professor Pierre-Marie Dupuy addresses with his concern for opening minds and highlighting new perspectives, he gives particular attention to the concept of an international constitution. This concept generally generates a lot of scepticism among international lawyers, especially French international lawyers. Dupuy has examined this concept very closely, and in particular the argument according to which the Charter of the United Nations (UN) is seen as the "Constitution of the International Community". He recognizes that viewing the UN Charter as a constitution may have an impact on providing a substantial unity to the international legal order. Thus his cautiousness in handling the concept: at a certain level, it is quite certain that the UN Charter gives organic unity to the international community, as well as substantial common principles, but that does not clearly means that it is appropriate to call it a "constitution".

Keywords: international constitution; international lawyers; Professor Pierre-Marie Dupuy; scepticism; United Nation (UN) Charter



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