Constitutionalism in International Law: comment on a Proposal from Germany

Abstract

With the establishment of the two superpowers after World War II, the international power of the European states waned. While military defeats brought this reality to light for Germany and Italy, it was the Suez crisis that taught this lesson to policymakers in France and the United Kingdom. 1 Three European visions of world order and the role of international law can be seen as the response to this new insight. The arst vision is that European nations should follow the superpower most closely aligned with their own interests and convictions. This vision entails a rather realist understanding of international law, in particular regarding issues of international peace and security. The second vision is the building of a uniaed Europe that is equal to other global powers—the multi-polar world vision. The third vision is that of striving for a global legal community that frames and directs political power in light of common values and a common good. This entails a reconaguration of international law often summarized as “constitutionalism.” 2 These three visions are commonly associated with the United Kingdom, France, and Germany, respectively. To equate constitutionalism with German public international law thinking, however, would be erroneous. There are certainly other approaches in German international law scholarship, 3