Bulletin n. 0/2004
December 2004
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Allen Michael H.
    Globalization and Peremptory Norms in International Law: from Westphalian to Global Constitutionalism?
    in International Politics , Vol. 41, n. 3, September ,  2004 ,  341-353
    Constitutionalism in international law is shifting from a Westphalian to a global framework. This shift is driven by globalist social forces who are ideologically committed to neo-liberalism and have an interest in free trade. They have succeeded in making free trade the next peremptory norm in international law after non-aggression, and have pre-empted the emergence of countervailing peremptory norms on Human Rights and environmental imperatives. There is no clear juridical authority to pronounce between calls for justice from a Westphalian frame, and property claims enshrined in global supranational institutions. The emergence of such authority in global constitutionalism, will depend upon both bargaining power and ideological alternative to neo-liberalism. The territorial state is still an important site for mobilizing the necessary bargaining power to reshape global authority.
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