A Constitutional Order at a Global Level

Abstract

Since the end of World War II, the international legal order has considerably changed. This is due to the incredible increase of international organisations that are aiming at responding the new challenges the world encounters. States are not anymore the only actors on the international stage. This paper analyses the new international order and aims at proposing potential solutions to the problems the new order creates. The thesis of the paper is that the actual international order needs to be changed into an international constitutional order. The first section provides the reader with a definition of global governance and argues that such governance, in practice, already exists. The second section introduces the concepts of international constitutionalism and international constitution. This section will claim that world constitutionalism is needed to frame global governance, creating, among others, a system of checks and balances. Also, the paper will describe the potential consequences of an international order. The final section of the essay focuses on the United Nations arguing that this organisation acts already like an international government. However, this section proposes a new design for the United Nations that would make the institution more efficient, more democratic and fairer. The conclusion of this paper is that only international institutions are able to respond to the urgent challenges the world encounters. Word