HUMCONST2013 · International Protection of Human Rights as a Constitutional Issue: Promises, Problems and Prospects

International law is distinguished from other branches of law by the fact that States as its principal subjects are not only the addressees of law, but also creators of legal rules and guarantors of their enforcement. The idea of international constitutionalism attempts to place some constraints on the power exercised by States. Human rights form today a core of any Western constitutional order. However, the role of international human rights within international constitutionalism is articulated only rudimentarily. The project aims at filling this gap by analyzing current discourses on international constitutionalism and human rights in literature and jurisprudence of the International Court of Justice through an interdisciplinary and critical lens. Theoretically sound, practice- and policy- oriented proposals as to the more adequate articulation of the relationship between human rights and international constitutionalism will be formulated. In order to fulfill the aims of the project methodological tool developed in history, philosophy and sociology will be used. In order to seek new avenues for a more adequate fulfillment of human rights’ promise of protection the project will seek inspiration in non-western (Islamic law) and extra-legal (ancient Greece) normative orders.Through funding of research the grant will support successful integration of a promising academic into European research community and her establishment as a leading specialist in the field of human rights. It will also promote establishment of a research team and widening of the international network of the researcher. The Grant will thus contribute to the growing excellence of European research community and establishment of lasting collaboration with extra-European academic institutions.