The Function of Law-Making Treaties in the Light of the Constitutionalism Approach in International Law

In the international law system, a treaty can serve as a source of conventional rules of international law, unlike a contract in domestic law. The pivotal question that arises is: can the rules embedded in law-making treaties, designed to safeguard values or common interests, be deemed as binding convention rules for all members of the international community? This article explores this aspect of law-making treaties in the light of the constitutionalism approach in international law. In this approach, the traditional and horizontal paradigm, stemming from the equality of states, undergoes a transformation into a vertical paradigm grounded in the Constitution. Consequently, the underlying assumption posits that upon the conclusion of a law-making treaty, the legal order that it establishes, begins its autonomous existence.