International Law in Internal Law: Toward Internationalization of Central-European Constitutions?

Authors: 
Title: 
International Law in Internal Law: Toward Internationalization of Central-European Constitutions?
Journal Citation: 
88 AMERICAN JOURNAL OF INTERNATIONAL LAW, 427-450 (1994).
The author bases this case study of the constitutions of Czech Republic and Slovak Republic around three questions: how does international law become effective in internal law? what if a rule of international law comes into irreconcilable conflict with internal law? and what normative device enables a state to join an integrated organization such as the European Union which requires a significant transfer of sovereign powers? He traces the development of constitutional principles pre- and post-dissolution of Czechoslovakia, concluding that new constitutions confirm the tendency towards a heightened recognition of the problem of internal effect of international law. He notes that the observance of basic human rights has become a prerequisite for state recognition and that constitutional norms help to delegitimize nonconforming conduct of states. [the focus of this article is not women's human rights]