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Borderlines in Private Law

Edited by: William Day, Julius Grower
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The World Community between Hegemony and Constitutionalism

Edited by: Andraz Zidar

ISBN13: 9789462369245
Published: September 2019
Publisher: Eleven International Publishing
Country of Publication: Netherlands
Format: Hardback
Price: £90.00



Two dominant trends in today's world are hegemony and constitutionalism. The attitude of greater states or regional blocks, such as the US, Russia, China and the EU, represents hegemony. In parallel, constitutionalism is getting stronger through international organizations, international adjudicatory bodies and 'higher norms' of international law. While these processes represent a move away from the Westphalian inter-state logic, they also juxtapose hegemony and constitutionalism to each other.

A detailed look reveals that the two phenomena are intertwined in the sense of the antinomy. To shed more light on their complex relationship, the book surveys hegemony and constitutionalism in the field of international law. It focuses on hegemo-constitutional intersections with regard to international organizations, intervention on humanitarian grounds and international adjudication. Concrete and practical examples provide incremental developments hinting at a new structure of the world community.

The World Community between Hegemony and Constitutionalism will be of interest to those captivated by the current state of play in the world, in particular from the perspective of international law, constitutional law, international relations and political science.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction
Part I. Power, Hegemony and Constitutionalism
1. The Meaning of Power
2. The Meaning of Hegemony
3. The Meaning of Constitutionalism
4. Antinomy between Hegemony and Constitutionalism
Part II. Power, Hegemony and Constitutionalism in International Law
5. Power and International Law
6. Hegemony and International Law
7. Constitutionalism and International Law
Part III. Hegemo-Constitutional Instances in the World Community
8. International Organizations
9. Intervention on Humanitarian Grounds
10. International Adjudication
Conclusion
Acknowledgments
Index