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Proportionality as a global constitutional principle

In: Handbook on Global Constitutionalism

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  • Anne Peters

Abstract

Three versions of the principle of proportionality exist in international law, with different constitutional functions. The horizontal version 1 applies, inter alia, in the field of countermeasures. The principle here refers to the relation between action (breach of international law) of the state and the admissible reaction of another state. The diagonal version 2 concerns the relation between national public interest and particular interests, of individuals (e.g. in international humanitarian law), or of investors. The vertical version 3 refers to the relation between a global public interest, e.g. in free trade, and particular interests of states.

Suggested Citation

  • Anne Peters, 2023. "Proportionality as a global constitutional principle," Chapters, in: Anthony F. Lang & Antje Wiener (ed.), Handbook on Global Constitutionalism, chapter 24, pages 346-362, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20899_24
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    File URL: https://www.elgaronline.com/doi/10.4337/9781802200263.00033
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