Implications of Contested Multilateralism for Global Constitutionalism

What are the implications of Morse and Keohane’s claims about ‘contested multilateralism’ (CM) – competitive regime creation – for global constitutionalism? This article, in Global Constitutionalism 5 (3): 297-308, first specifies some salient features of ‘Global Constitutionalism’ and of ‘constitutional pluralism’ – before turning to implications. The focus is on CM regarded as a mode of constitutional change, considering what to make of such a form of ‘extra-constitutional’ procedure. Challenges by CM to the stability of international law are argued to be overdrawn. Of greater concern is that CM lends itself to piecemeal adjustments rather than reforms with an eye to the systemic effects. However, these worries must be tempered by the non-ideal nature of the present legal structure which should make us wary of imposing normative standards drawn from settings where institutions are fully just and generally complied with. [D0I/LINK] [WEB]