DIALOGUE BETWEEN CONSTITUTION AND INTERNATIONAL LAW: INTRODUCTION TO THE CONSTITUTIONAL WEB THEORY

Abstract

This article is a product of the author's initial attempt to develop a theory trying to describethe insertion of the idea of Constitution in the international Environment. The main ideais that the relationship between Constitution and International Law is, in fact, arelationship between pluralities, plurality marked between the interaction of differentnational order (Constitutions) between themselves and the common goal in obtain abroader Law, the International Law. Therefore, the latter having an obligatorycosmopolitan spirit, commonly absent in the national Laws under a Constitution. In theauthor minds, this situation can be described as being like a “spider web”, whose “spider”that spins the web is the Conflict of Law (or Private International Law). In other words,this “web spinning” is where we can find the dialogue between Constitution (NationalLaw) and International Law. Therefore, the understanding of this “web spinning” processonly can be achieve when considering not only the Law of Treatises (Public InternationalLaw), but also the rules of the Conflict of Law, when analyzing the relation betweenConstitution and International Law.