Part I of the paper analyses the relationship between domestic systems and transnational economic actors adopting a legal pluralist framework. It argues that the human rights responsibilities of transnational enterprises and economic regimes must be understood as an internalization/institutionalization of socio-political demands – possibly conveyed by State systems – by the legal systems of transnational economic actors. Part II develops these analyses using ‘constitutional resistance’ doctrines as a case study. It argues that instruments such as the Calvo and the ‘constitutional substitution’ doctrines, distinctive of Latin-American constitutionalism, may be used towards the sources through which transnational systems flow, namely international economic law. Such use of ‘constitutional resistance’ doctrines could be an effective instrument of ius-generation, inducing significant changes in the structures/processes of economic globalization.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo. Stay tuned.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants will be notified by the end of May.
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