Europe: A friend or a foe of global public law? - CGPL Second Colloquium at Koç University
Global public law, when understood as a set of public law standards with global reach, seems to first have taken root in Europe. Indeed, the European human rights system and the European Union are two cardinal examples of institutions of global public law. Yet, Europe has also been the home of long standing traditions of domestic constitutionalism well reflected in the principle of subsidiarity, which has been used both in the European Union and in European human rights law. Given the resilient coexistence of both domestic constitutionalism and global public law visions, is Europe a friend or a foe of global public law doctrinally or in practice? What sense are we to make both the globalization of public law and legal and political resistance to such globalization in Europe? Is the future of global public law in Europe fragmented, as reflected in the recent opinion of the European Court of Justice on the accession of the EU to the European Convention on Human Rights? Does the refugee crisis in Europe signal the end of the European public law project? What conceptual, theoretical and policy lessons can we draw from the journey of global public law in Europe for countries, such as Turkey, that are at its margins?
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