ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

donderdag 18 oktober 2018

SSRN PAPER: Matthias GOLDMANN, European Integration in the History of International Law [Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2018-26]

(image source: scholarlykitchen)

Abstract:
This paper argues that the Treaties of Rome and the process of European integration they heralded had a lasting impact on the development of international law. However, their significance is usually misattributed. While European law has had little impact on international legal doctrine, and while European integration has remained unique as a political project, European law and the process of European integration have served international law as an important progress narrative. In this respect, they have had an influence on important background understandings characterizing international law since the postwar era, including on the perception of international law as universal, autonomous, pluralistic, and economically liberal. The progress narrative culminates in the view that international law is in a normatively ambitious process of constitutionalization, an idea imported from European law. This progress narrative is now under threat as European integration faces existential difficulties.The crisis of European integration might therefore anticipate a crisis of international law.
Read the full paper on SSRN.
(Source: Law & Humanities Blog)