Current Developments

Voting down international law?

Lessons from Switzerland for compensatory constitutionalism

There was quite some relief in Switzerland when it became clear on Sunday 25thNovember that the so called “initiative on democratic self-determination” had been rejected by the voters (the end result with 66 percent no-votes was much clearer than expected). While it is nothing new in Switzerland that popular initiatives are launched which lead to conflicts with international law (just remember the popular initiatives on the ban of minarets, on the …


Debating "Beyond Human Rights"Symposium

Part 2: Simple international rights, global constitutionalism, and scholarly methods

The rejoinder to comments on “Beyond Human Rights” continued

This post continues Anne Peters rejoinder  Roland Portmann’s main point is that national (domestic) law principles and practices matters crucially for the legal status of the individual, and that we must study closely the “interface of domestic constitutional law and international law.” He also highlights the importance of domestic law on the incorporation of international (treaty) law. Portmann is right in pointing out that direct effect is crucial. I would …


Debating "Beyond Human Rights"Symposium

Simple international rights, global constitutionalism, and scholarly methods

A rejoinder to comments on “Beyond Human Rights” – part 1

An unexpected, organized, serious, and multiple engagement with arguments put forward in a manuscript which has gained shape, has grown, was written and re-written, was shrunk, cut, re-arranged, and which haunted my nights over so many years, which was proof-read and re-read so many times (though without detecting a number of embarrassing typos) − such an engagement is surely the most precious gift any scholar can ever receive. I am …


SymposiumVerfassungs- und Völkerrecht im Spannungsverhältnis

Let Not Triepel Triumph

How To Make the Best Out of Sentenza No. 238 of the Italian Constitutional Court for a Global Legal Order

(This article has previously been published on EJIL: talk!) The Italian Constiutional Court’s decision no. 238 of 22 Oct. 2014 (unofficial translation into English) already inspired a flurry of comments in the blogosphere (see in EJIL talk! Christian Tams (24 Oct. 2014) and Theodor Schilling (12 Nov. 2014); on the Verfassungsblog amongst others Filippo Fontanelli (27 Oct. 2014); on Opinio Juris (19 Nov. 2014); on the Völkerrechtsblog Felix Würkert (11 Dec. 2014)); see also …