Transformation of international law in the context of global constitutionalism: a conceptual dimension

Abstract

In today’s globalized world moving toward European integration, studying the interaction between constitutional and international law has become increasingly important. Constitutional law, as a fundamental branch of national law, is increasingly influenced by international legal norms and standards, necessitating a reevaluation of traditional approaches to understanding its place in the legal system.

This article provides a comprehensive theoretical and legal analysis of the constitutionalization of international law and the emergence of international constitutional law as an independent sub-branch. It examines key trends in the transformation of international law under globalization, including: the growing role of non-state actors, rethinking state sovereignty concepts, deepening interaction between international and national law, and the development of hierarchical structures in international legal norms.

The research analyzes the concept of shared values in the global community as a fundamental basis for the constitutionalization of international law. Special attention is given to human rights as a component of international constitutional law and their subsidiary function in relation to national legal systems. The phenomenon of transnational constitutionalism and its impact on shaping a new global legal order is examined.

The study explores the changing composition of subjects in international law and the transition from traditional sovereignty theory to multilevel constitutionalism. It argues for developing new research methodologies for studying international legal order that combine constitutional, administrative, and international law approaches.

Based on this analysis, the article argues for recognizing international constitutional law as an independent sub-branch of international law, given its unified legal regulation and distinct methodology. Particular emphasis is placed on the relevance of constitutional legal frameworks in international cooperation against aggression, terrorism, and genocide in the context of Russian aggression against Ukraine.