دکترای حقوق بینالملل، مدرس دانشگاه
عنوان مقاله [English]
The international legal system is in a period of transition from the traditional paradigm to a modern one. This is while the process of transition is slow. However, the complexity of the realities in the context of international community is compounded by two conflicting phenomena. On one front is the process of fragmentation and on the other is the recent paradigm of the constitutionalism. Much has been told about fragmentation and the self-contained regimes, but “International Constitutionalism” is currently one of the leading approaches to international law that needs to be seriously scrutinized. The main question is, while the rapid development of international shared values such as culture, nationality and language is often taken to be central, exactly how or why this promotes constitutionalism at the international level; a point that still remains unclear. In this essay by focusing on the human rights revolution since 1945 and the rise of international criminal law that is administered by various international criminal tribunals, we will consider some ambiguities and challenges ahead of the realization of international constitutionalism and its related consequences.