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Commitment and Diffusion: Why Constitutions Incorporate International Law

Ginsburg, Tom; Chernykh, Svitlana; Elkins, Zachary


Drafters of new constitutions face a bewildering array of choices as they seek to design stable and workable political institutions for their societies. One such set of choices concerns the status of international law in the domestic legal order. In a global era, with an expanding array of customary and treaty norms purporting to regulate formerly domestic behavior, this question takes on political salience. This paper seeks to describe the phenomenon of constitutional incorporation of...[Show more]

CollectionsANU Research Publications
Date published: 2008
Type: Journal article
Source: University of Illinois Law Review


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