3 Chi J Intl L 183
Benedict Kingsbury

An operational code resembling US First Amendment liberalism has been the de facto guide in the construction of international civil society. This code underpins a liberal voluntaristic NGO-oriented model of international civil society that is not well suited to ascriptive groups (such as some indigenous peoples organizations) that make greater claims on identity and exercise governmental powers. A richer international constitutionalism will be needed in order satisfactorily to address accountability, mandate, representation and participation in relation to these ascriptive groups. In the absence of a well-developed constitutional structure for international civil society, these questions may be addressed in part by reference to an 'internationalized public law' of indigenous peoples issues.