Constitutionalizing Legal Transnational Actors: A Theoretical Legal Model to Counter the Wild Powers of Deregulated Globalization

Abstract

The paper presents a theoretical model of law capable of interpreting the pressing needs for responsibility imposed on transnational actors in the face of obligations to respect human rights and the role of the State in guaranteeing them. The document interprets the phenomenon of the constitutionalization of law in a transnational key starting from an antithetical condition between constitutionalization and anarcho-capitalism. This study proposes a strong criticism of the global trend for deregulation, emphasizing in the deontic paradox of a deregulated international commercial law and an international and constitutional law regulated by fundamental rights. Once this criticism has been made (anarcho-capitalism vs. constitutionalization), the author finds in post-positivist constitutionalism a paradigm capable of opening an orderly research program (a method of analysis) that allows raising the questions of a constitutionalization of International law. Finally, based on the basic postulates of the chosen theoretical paradigm the author proposes several research problems or “niches” that aim to serve as a “starting point” or complement for future research around the phenomenon of the constitutionalization of transnational actors.