Constitutionalism Lite

Constitutionalism Lite 31 CONSTITUTIONALISM LITE J AN K LABBERS * I. INTRODUCTION If anyone were to propose a pairing of phrases to characterize current develop- ments in international law, the smart money would surely be on constitution- alization and fragmentation. On the one hand, many international lawyers raise worries about the possible fragmentation of international law: 1 fragmentation threatens to undermine the unity of international law (so warmly embraced since the days of Sir Hersch Lauterpacht 2 ), and has a great potential for conflict, between norms at first and therewith ultimately between actors. On the other hand, and partly