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

Final Report Summary - HUMCONST2013 (International Protection of Human Rights as a Constitutional Issue: Promises, Problems and Prospects)

The project’s main research objective was the examination of the role played by human rights within theories of international constitutionalism. This examination aimed to be a critical endeavor that will inform future development of issues related to the constraints on the exercise of power at the global level. Within this framework the project also aimed to deconstruct Western bias in the scholarship on constitutionalisation of international law and propose alternatives. The main output of the project is a monograph on Human Rights and International Constitutionalism by the fellow, Ekaterina Yahyaoui Krivenko to be published with Cambridge University Press.
In order to achieve this main research objective, the project contained a series of intermediary goals that all were achieved successfully. The fellow published or is in process of publishing four articles in peer-reviewed journals, as planned and also presented at important international academic conferences in excess of the planned number. These conference presentations and engagement with various academic initiatives resulted in additional non-planned publications in the form of book chapters.
The fellow also published a paper intended for general audience and policy makers that uses insights gained from the project within the particular context of the private sponsorship of refugees programme.
HUMCONST also contributed to knowledge transfer through a workshop that was organized and attended by a number of international scholars addressing the issues related to the role of human rights as power-taming devices.
The project provided innovative insights into the following issues:
- the methodological question of interdisciplinary research within international law and the limits of language;
- relationship between the understanding of the political and the development of theories of global constitutionalism;
- the position of individuals in international law;
- historical and cross-cultural analysis of global constitutionalism