The Integrating and Decentralizing Trends in International Economic Law: An Analysis from the Perspective of Constitutionalization

今天，有些人谈论国际经济法的“宪法化”，它获得了一种自治的规范方案，实际上取消了国家当局分散的监管权力。但是，恢复国家自由裁量权的努力对国际经济法的自主发展提出了挑战。目前的研究集中于这些向心力和离心力之间日益加剧的紧张关系，并建议应重新制定宪法化概念本身。我们可以用这个词来指代这样一种情况，即要求有关国际机构通过适当平衡各种整合和分散因素，使其相对于其他政策的广泛权力合法化。这种观点将为评价国际法律学科与国家主权当局之间的关系提出新的标准。

Today, some talk about the "constitutionalization" of international economic law, which has obtained an autonomous normative scheme that virtually does away with the decentralized regulatory powers of national authorities. However, the autonomous development of international economic law is challenged by efforts to restore the margin of national discretion. The present research focuses on the increased tensions between these centripetal and centrifugal forces, and suggests that the concept of constitutionalization itself should be reformulated. We could utilize the term for referring to the situation where the relevant international bodies are required to legitimate their extensive authorities in relation to other polities by balancing a variety of integrating and decentralizing elements appropriately. Such a perspective would set forth a renewed criterion for evaluating the relationship between international legal disciplines and national sovereign authorities.