Tuesday, September 7, 2010

Singh: Constitutionalism in International Law During the Times of Globalisation: A Sociological Appraisal

Prabhakar Singh (Jindal Global Law School) has posted Constitutionalism in International Law During the Times of Globalisation: A Sociological Appraisal (Indian Yearbook of International Law & Policy, Vol. 1, pp. 221-251, 2009). Here's the abstract:
Unfortunately, international law has never been sociologically thick. Whereas modernity is the most important issue intriguing sociologists like Habermas, Oommen, and Singh, constitutionalism has gripped leading international lawyers like Bogdandy, Baxi, Dunoff, Koskenniemi and Maduro. If globalisation is creating a virtual synthesis of various norms, new sociological studies have identified a return of ethnicity or localism. That constitutionalism, as a phenomenon, is responsible for synthesis of international norms of European and non-European states, is a utopia of international law. I understand constitutionalism as an effort of to stitching together the international community/states divided on monist and dualist lines. This paper will try to evaluate the constitutional discourse with a sociological approach.