Christian Reus-Smit, “The Constitutional Structure of International Society and the Nature of Fundamental Institutions,” International Organization 51, 4 (Autumn 1997), pp. 555-89.
Fundamental institutions are grounded in the underlying normative foundations of international society. Constitutional structures are ensembles of a shared belief about the moral purpose of centralized political organization, an organizing principle of sovereignty, and a norm of pure procedural justice.
States adopt different institutional practices because different norms define the cognitive horizons of institutional architects, thus shaping the institutional architecture, as well as the primary social values institutions are intended to embody.
The modern state principle that social rules should be authored by those subject to them gave rise to multilateral forms of rule determination and the precept that tules should be equally applicable to all subjects warranted the formal codification of contractual international law to ensure the universality and reciprocity of international regulations.