Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vvkck Total loading time: 0 Render date: 2024-04-26T00:48:35.296Z Has data issue: false hasContentIssue false

Preface: International Institutions: Why Constitutionalize?

Published online by Cambridge University Press:  05 June 2012

Jeffrey L. Dunoff
Affiliation:
Temple University, Philadelphia
Joel P. Trachtman
Affiliation:
Tufts University, Massachusetts
Get access

Summary

[I]t can feel like a project of the utmost seriousness and urgency to interpret the world in constitutional terms.

–David Kennedy “The Mystery of Global Governance”

International institutions, with a few minor and ad hoc exceptions, are firmly grounded in treaties that establish their objectives, conditions of membership, and internal and external operational parameters. These treaties are binding on their party members and, perhaps – in the instance of near-universal organizations – also on nonmembers.

It could be argued that it little matters whether such an institution's foundational instrument is regarded as a constitution. Yet leading thinkers, such as the authors of this volume, seem to think the issue is worth serious examination. They express strongly held views as to why the issue is important and argue that how it is answered can have a significant impact on the role and operation of leading international organizations.

An international organization grounded in a constitution, they believe, has a different gravitas from the many purely ad hoc reciprocal arrangements made for the passing convenience of states.

The authors of these chapters do not merely note the phenomenon of greater gravitas but also explore how constitutionalization affects the practice of an institutionalized system of cooperation. For one thing, it determines how the institution absorbs the need for change. Whereas a constitutionally based system accommodates and adapts to its own practice, lesser consensual arrangements tend to insist on strict literal construction of their terms and resist their transformation through interpretative practice.

Type
Chapter
Information
Ruling the World?
Constitutionalism, International Law, and Global Governance
, pp. xi - xiv
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×