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Jean d’Aspremont

Constitutionalism-bashing has been en vogue for some time in international legal scholarship. International legal scholars have deployed an incredible amount of energy to discredit any pattern of argument, structure of thought, or conceptual framework that comes with constitutionalist overtones. This chapter ventures into the origins and causes of international lawyers’ unbridled fury against what seems a rather marginal movement in international legal thought. It makes the argument that it is the attachment to some legal forms that has fuelled the passionate crusade against constitutionalism and that contemporary debates on international constitutionalism are nothing more than the continuation of a more fundamental discussion on the concept of international law.

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Jean d’Aspremont

With an emphasis on subjects and actors, this chapter seeks to shed some light on the choices made by scholars in modelling and cognizing international lawmaking processes. After a brief outline of the mainstream descriptive frameworks used to cognize and model normmaking processes in international law, this chapter elaborates on the driving forces at work behind each of them. In doing so, this chapter draws attention to the politics of empiricism and cognition with a view to offering some critical reflection on how international legal scholars and practitioners have been making sense of international lawmaking.
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Jean d’Aspremont

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Jean d’Aspremont

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Jean d’Aspremont

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Jean d’Aspremont

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Jean d’Aspremont

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Jean d’Aspremont