Proportionality as a global constitutional principle

Anne Peters

Chapter 24 in Handbook on Global Constitutionalism, 2023, pp 346-362 from Edward Elgar Publishing

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.

Keywords: Economics and Finance; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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