International Law in The Constitution: Effects of Legitimacy, The Constituent Power, and The Constituted Power

This essay reviews theories such as the monist and dualist approaches, the transcivilization perspective, and the concept of interdependence to argue the following: international law is legitimized by either the constituent power or the constituted or legal power, but whose hands hold the constituent power? This argumentative-explanatory exercise will attempt to demonstrate that the legitimacy conferred by the exercise of these powers (constituent or constituted) could occur outside the constitutional framework regarding the recognition of international law, and within the frame-work of national law of the State and its validity and consequent international legal responsibility, in relation to external law and under the effects of the principle pacta sunt servanda.