International Trade and Constitutionalism

Friends or Enemies?

Abstract

This article takes as a starting point the constitutional challenges arising from the processes of globalisation and economic integration. In particular, the article reconstructs the traditional rhetoric underlying the free trade vs. fair trade debate. It is argued that both free trade and fair trade challenge the constitutional autonomy and social self-determination of different political communities. Therefore, any useful analysis of these issues must depart from a constitutional perspective viable in the contexto of an emerging, but still not existent, global political community. The article reviews the different forms of constitutional impact of the processes of globalisation and economic integration and discusses the problema of legitimating the new forms of power arising from those processes. The article concludes by suggesting some possible steps to be taken in the construction of a constitutional framework capable of guiding and legitimating the political and normative decisions to be taken in addressing the current challenges.