Edited by Anthony F. Lang and Antje Wiener
Chapter 13: Interactional legal theory, the international rule of law and global constitutionalism
The interactional account of international law illuminates the international ‘rule of law’, revealing that it can provide a form of constitutionalism without rigorous institutional separation of powers. Interactional international law also shows that authority emerges within law, from continuing practices that meet conditions of legality. When authority is internal to law, the need to specify the nature of ‘constituent power’ is obviated, a theoretical advantage in a diverse international society without shared political identity. The thin substantive commitments required by interactional law have been widely embraced as international law is reshaped from a purely Eurocentric to a mestizo law through the participation of developing world lawyers and their allies.
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