20. November 2010, 13.30 Uhr

Panel V: Justice and Peace – Goals or Fragments of International Law?

Introduction:

Klaus Günther

Nobody denies that International Law should contribute to justice and peace, that a just world order will also be a requirement for a global state of peace. Although the law plays a prominent
role in the development of international organisations and international regulations of a globalised world, one can observe that International Law is also becoming more and more fragmented. Different authorities claim direct or indirect legislative power, legal regulations differ from one area to another, private actors and states cooperate or litigate against each other, soft law regulations and intergovernmental agreements are more influential than legally binding norms with courts and sanctions. The panel will address some of the problems resulting from the ambivalent state of international
law: Is a fragmented and pluralistic law perhaps a better tool for ensuring global justice and peace? Or can global justice only be realised within a constitutional framework? Does constitutionalisation make conflicts more or less probable or is it a tool for resolving conflicts?

Lecture 1:

International Law between Fragmentation and Constitutionalisation

Andreas Paulus

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This contribution deals with the paradoxical relationship between the two main strands of theories on the current status of international law. On the one hand, the international (dis)order
seems to fragment into different issue areas, with different actors and different standards or even different legal subjects, from investment law to human rights law. On the other hand, a
good deal of German scholarship centres around a theory of the ‘constitutionalisation‘ of international law, referring to the increasing juridification and the development of common principles
and institutions in the international legal order. We will see that fragmentation and constitutionalisation, as responses to globalisation, may well represent two sides of the same coin.

Andreas L. Paulus holds the Chair of Public and International Law at the University of Göttingen. Paulus teaches Public Law, International and European Law, Constitutional History and Legal Philosophy. He is also a tutor (Vertrauensdozent) of the German National Academic Foundation (Studienstiftung des Deutschen Volkes). In March 2010, he was sworn in as justice of the First Senate of the Federal Constitutional Court (Bundesverfassungsgericht).

Lecture 2:

International Order As an Idea – On Strict Rules and Flexible Principles

Stefan Kadelbach

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Since Kant, political philosophy has elaborated on the famous ‘contradiction‘ between the republican organisation of individual and collective
autonomy, on the one hand, and the rule of nonintervention, on the other. In International Law both a categorical prohibition of unjustified use
of force or other coercive means and constitutional principles transferred from the domestic realm into norms between states coexist. The
paper addresses whether or not this coexistence is paradoxical and the shapes assumed by conflicts between both sets of norms.

After studies in Tubingen, Frankfurt and Charlottesville/Va., Stefan Kadelbach took the bar exam in 1988, is doctoral degree in 1991 and his Ph.D. in 1996. Having worked at the universities
of Bremen and Muenster, he was appointed a professor for Public Law at Frankfurt in 2004. His fields of research include the theory of public International Law, human rights as well