Is it Really All About Commitment and Diffusion? - Why Do States Incorporate International Law in Their Domestic Constitutions?

14 Pages Posted: 10 Jul 2007

See all articles by Andreas Zimmermann

Andreas Zimmermann

University of Kiel - Walter Schücking Institut

Abstract

The comment discusses the reasons for implementing international law obligations (of a customary or conventional character). The paper argues that any such implementation may not be explained (or, if ever, only partially) by the idea of pre-commitment. Rather, States have a genuine interest in the stability of the international legal system and their own adherence to rules of international law, the incorporation of which serves to avoid, as far as possible, committing violations of international law by rendering such violations unconstitutional or at least illegal under domestic law.

JEL Classification: K33

Suggested Citation

Zimmermann, Andreas, Is it Really All About Commitment and Diffusion? - Why Do States Incorporate International Law in Their Domestic Constitutions?. University of Illinois Law Review, No. 1, 2008, U. of St. Gallen Law & Economics Working Paper No. 2007-09, Available at SSRN: https://ssrn.com/abstract=999573

Andreas Zimmermann (Contact Author)

University of Kiel - Walter Schücking Institut ( email )

Olshausenstrasse 40
Kiel, DE 24098
Germany

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