Constitutional Analogies in the International Legal System

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and extending the writings of international legal scholars and international relations theorists. I also offer some preliminary thoughts about why some treaties and institutions, but not others, more readily lend themselves to analysis in constitutional terms. And I distinguish those legal and political issues that may generate useful insights for scholars studying the growing intersections of international and constitutional law from other areas that may be more resistant to constitutional analogies

Building Authority and Legitimacy in Transnational Climate Change Governance : Evidence from the Governors’ Climate and Forest Task Force

Transnational climate change initiatives have increased in number and relevance within the global climate change regime. Despite being largely welcomed, there are concerns about their ability to deliver ambitious climate action and about their democratic legitimacy. This paper disentangles the nature of both authority and legitimacy of a specific form of transnational networks, transgovernmental networks of subnational governments. It then investigates how a major transgovernmental initiative focusing on tropical forests, the Governors Climate and Forest Task Force, attempts to command authority and to build and maintain its legitimacy. The paper illustrates the particular challenges faced by initiatives formed primarily by jurisdictions from the Global South. Three major trade-offs related to authority and legitimacy dimensions are identified: first, the difficulty of balancing the need for increased representation with performance on ambitious climate goals; second, the need to deliver effectiveness while ensuring transparency of governance processes; and third, the limited ability to leverage formal authority of members to deliver climate action in local jurisdictions, while depending on external funds from the Global North.Peer reviewe