The Permanent Court of International Justice and the Constitutional Dimension of International Law

The Permanent Court of International Justice and the Constitutional Dimension of International Law
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ISBN-10 : OCLC:1305201162
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Book Synopsis The Permanent Court of International Justice and the Constitutional Dimension of International Law by : Roman Kwiecien

Download or read book The Permanent Court of International Justice and the Constitutional Dimension of International Law written by Roman Kwiecien and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The first World Court established to address international issues is today recognised as one among the previous important attempts at international pseudo-constitutionalism. The question of the PCIJ's contribution to the current constitutional debate is made all the more interesting because the Court declared itself to be a body responsible for the knowledge of international law. As such, it would be, thus, capable of taking an authoritative stance on the constitutional interpretation of international law.What emerges from the PCIJ's legacy is an image of international law as a legal order based on consensual grounds, ie the State's will, which does not allow to talk about its constitutional features. However, the great significance of the Court's decisions to the contemporary debate on the international constitutionalism consists in warning against the hasty search for analogies between international and national laws within the scope of their systemic underpinnings. The ups and downs of the PCIJ's decisions were conditioned by judges' capability (or lack thereof) to approach an international law that was independent of national law and, in this sense, autonomous. That is what the development of international legal argument in the Court's work depended on.


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