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14 GlobCon 1 (2025)

handle is hein.journals/globc14 and id is 1 raw text is: 


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Antje Wiener      , Jo Shaw- , Jonathan Havercroftit,  Susan Kang  :  and
Stephanie Law

'Department of Political Science & Department of Law, University of Hamburg, Hamburg, Germany;
2Department of Political Science & Department of Lae, University of Cambridge, Hughes Hall, Cambridge,
UK; 'School of Law Edinburgh, UK; 4School of Social Political Sciences, Glasgow, UK `John jay College of
Criminal justice, City University of New York, New York, US and 6law School, Southampton, UK
Corresponding author: Antle Wiener; lrnail i.jea:.:.. a.. am.og..


  Abstract
  Taking  Globai Constiumrionalism as asn agora, a platfonrm for international interdisciplinary
  discussions this article asks a question about the state we are in with regard to the
  international order as an order that is not just a 'rule-based order' but also more substan -
  tially, a 'legal order' based on the rule of law. The topic is illustrated with reference to
  examples of'contested compliance' i.e. objections to implemen ting international law and/or
  international rulings by interniational actors on behalf of signatories of states parties of a
  treaty. Three questions guidc this discussiosn. The first is a question of normatuve change:
  are we facing a change regarding UnitedN at ntes> respectfor and handling of
  the rule oflaw, or is a larger change of international law itself imminent? The second is a
  question about  the effects of the shift from 'normal' contestations of norms to 'deep'
  contestations of the international order itself. And the third is a question about pluralism
  and  diversity: are the UN Charter Order's institutions, conventions and orgamisations
  sufficiently equipped to respond to an ever more diverse range of internationally, trans
  nationally, and sub-nationally raised justicelisms? The article elaborates on each of the
  threee tses  inlight of the current situation ofcontested compliance with obligations under
  international law.


Keywords: contested compliance; global constitutionaisim; nternational Criminal Court; nornm conflict;
norms; Paris Agreement; United Nations Convention of the Law of the Sea




Tn recent years, there have been a proliferation of contestations of the meanings of major
international treaties. For example, during the first Trump  administration, the United
States's announced  withdrawal  from  the Paris Agreement   sparked  a dispute about the
meaning   of the  agreement.  The  Paris Agreement   includes  a provision  allowing for


-The Author(s) 2025. Published by Cambridge University Press. Ii,s is an Open Access artide,dimtibuted under the tens
of the Creaive Commons Atlr-bution licence i . S ni..ins*g .N.,    h which perimts unrestricted
re-use, disriburion and reproduction, provided the original artie is propery cited.