Summary:

Basically, constitutionalization in public international law suggests that international law and its suborders have reached a degree of ‘objectivity’ in order to limit state sovereignty like a constitutional order. For proponents of the constitutionalization thesis, public international law recognizes a common interest of humanity transcending state interests, hierarchically supreme ‘constitutional principles’ set boundaries to the hitherto unlimited will of states, international organizations become relatively independent of their member states, and states are no longer left with a genuine

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. On the basis of these observations, constitutional doctrine in public international law scholarship tries to put public international law on a constitutional foundation.