a network of constitutionalists from countries throughout the world
Over the coming days, we will be featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”, being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English.
WORKSHOP #1 The Debate on Establishment of the World Constitution
This workshop will explore the universal concept of constitutionalism for the adequate constitutional dimension and the universal methodology for “the Establishment of the World Constitution” as the ultimate and fundamental solution in the 21st century for the new global challenges to traditional constitutionalism in ways such as world politics, armed conflicts, terrorism and violence, global geopolitical tensions, regional confrontations, various types of violent conflicts requiring particular solutions for peace-building and the protection of fundamental human rights.
This workshop will examine developments in global constitutionalism using both descriptive and prescriptive frames of reference. Descriptively, can the global order be fairly characterized as evolving toward a world constitutional system, and prescriptively, should governments and/or civil society work towards the creation of a written world constitution?
The descriptive analysis involves an assessment of the current global order. Though highly fragmented, the international political system arguably has the rudiments of a constitutional framework.
In terms of norm creation and execution, it has the making of Montesquieuian political and executive branches revolving around the United Nations Security Council, General Assembly and Secretariat as well as the myriad of global and regional multilateral organizations with decision-making and administrative structures.
In terms of the ability to adjudicate disputes, the International Court of Justice is a court of general subject matter jurisdiction, and we now additionally have a system of specialized regional and international courts that adjudicate matters ranging from trade to human rights to the law of the seas.
The system has also made impressive strides towards developing core human rights norms, and evolving principles of subsidiarity delineate the lines of state versus international authority.
The prescriptive question can be broken down into two components:
1. Is there a benefit to formalizing the evolving global institutional structure?
2. If so, do the prospects for successfully concluding a global parliamentary initiative warrant the opportunity cost of a sustained political initiative.
The following exemplify of the kinds of paper proposals we are seeking to elucidate these descriptive and prescriptive themes:
1. Will a functionalist or neo functionalist process of regime based incremental growth effectively lead to the creation of a well-developed world constitutional order? If so, what will the process of creation look like?
2. Would Article 109 of the United Nations Charter or another vehicle be the most effective means of creating a process for establishing a world constitution?
3. What can we learn, if anything, from the most famous attempt to create a framework for a world constitution, Grenville Clark’s and Louis Sohn’s World Peace Through World Law 1950’s era project?
4. What role should be assigned to the citizenry as opposed to states in a world constitutional system?
* The workshop welcomes papers from constitutional, international and public law scholars everywhere with a research interest in, and possible topics are, but are not limited to:
• Universal concept of constitutionalism
• The need and methodology for the establishment of the World Constitution
• Universality of human dignity
• Constitutional Education of Human Dignity for the Establishment of the World Constitution
• World Parliament
• Global democracy: consider a more democratic global system
• The creation of a world assembly of peoples: the legitimacy and power of popular sovereignty
• Governing the whole world.