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Constitutionalism Multilevel Trade Governance And International Economic Law
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Book Synopsis International Economic Law in the 21st Century by : Ernst-Ulrich Petersmann
Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Book Synopsis Constitutionalism, Multilevel Trade Governance and International Economic Law by : Christian Joerges
Download or read book Constitutionalism, Multilevel Trade Governance and International Economic Law written by Christian Joerges and published by Hart Pub Limited. This book was released on 2011 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, conflict of laws, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental 'society of states' into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements that respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalisation and judicialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational 'cosmopolitan democracy'. This second paperback edition replaces Chapters 15 to 18 of the first edition published in 2006 by four new chapters examining the alternative conceptions of 'International Economic Law' and 'Multilevel Governance' from diverse public and private, national and international law perspectives.
Book Synopsis Constitutionalism, Multilevel Trade Governance and Social Regulation by : Christian Joerges
Download or read book Constitutionalism, Multilevel Trade Governance and Social Regulation written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2006-10-19 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".
Book Synopsis Multilevel Constitutionalism for Multilevel Governance of Public Goods by : Ernst Ulrich Petersmann
Download or read book Multilevel Constitutionalism for Multilevel Governance of Public Goods written by Ernst Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.
Book Synopsis Reflections on the Constitutionalisation of International Economic Law by :
Download or read book Reflections on the Constitutionalisation of International Economic Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-12-09 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.
Book Synopsis The Law of Political Economy by : Poul F. Kjaer
Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Book Synopsis The ABC of the OPT by : Orna Ben-Naftali
Download or read book The ABC of the OPT written by Orna Ben-Naftali and published by Cambridge University Press. This book was released on 2018-05-10 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.
Book Synopsis Constitutional Justice by : Trevor R. S. Allan
Download or read book Constitutional Justice written by Trevor R. S. Allan and published by Oxford University Press, USA. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scope of Judicial Review
Book Synopsis International Economic Law by : Giovanna Adinolfi
Download or read book International Economic Law written by Giovanna Adinolfi and published by Springer. This book was released on 2016-12-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.
Book Synopsis The Role of Constitutional Courts in Multilevel Governance by : Patricia Popelier
Download or read book The Role of Constitutional Courts in Multilevel Governance written by Patricia Popelier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has not only expanded geographically, it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection of essays reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, the book explores how institutional changes of multilevel governance have transformed the notion, shape, and substance of constitutional review. To this end, four key roles, both new and old, are identified: 1) courts act as guardians of fundamental rights, 2) they oversee the institutional balance, 3) they provide a deliberative forum, and 4) they assume the function of a regulatory watchdog. The book explores these different roles played by national and European courts, and it examines the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance. (Series: Law and Cosmopolitan Values - Vol. 3)
Book Synopsis Uses and Misuses of International Economic Law by : Moritz J. K. Blenk
Download or read book Uses and Misuses of International Economic Law written by Moritz J. K. Blenk and published by Mohr Siebeck. This book was released on 2022-09-12 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standardization is a classic form of rulemaking. Nonetheless, it is notoriously diffuse and gives rise to questions and debate; in particular over the standards' normativity, legitimacy and nature - whether public or private, national or international. Moritz J. K. Blenk applies a policy-orientated approach to international law to comparatively analyze the role of private rulemaking within the context of international economic integration in the World Trade Organization and the European Union. He thereby aims to elucidate the opaque phenomenon of private standardization from a legal perspective and, more profoundly, shed new light on economic integration.
Book Synopsis International Economic Law and Governance by : Julien Chaisse
Download or read book International Economic Law and Governance written by Julien Chaisse and published by Oxford University Press. This book was released on 2016-07-21 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.
Download or read book A New Global Economic Order written by and published by BRILL. This book was released on 2021-11-22 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.
Book Synopsis Global Multi-level Governance by : César de Prado
Download or read book Global Multi-level Governance written by César de Prado and published by United Nations University Press. This book was released on 2007 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, European and East Asian states have developed a series of unique trans-boundary structures and agreements, such as the European Union and ASEAN, and through new bilateral, multilateral and inter-regional relationships both Europe and East Asia are helping to transform other regions and the global community. This publication examines the complex emergence of a multi-level global governance system through innovative developments in info-communications governance; the role of policy advisors, think-tanks and related track-2 processes; and changes in higher education systems.
Book Synopsis Mega-Regional Trade Agreements: CETA, TTIP, and TiSA by : Stefan Griller
Download or read book Mega-Regional Trade Agreements: CETA, TTIP, and TiSA written by Stefan Griller and published by Oxford University Press. This book was released on 2017-08-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal of academic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines changing conceptions of international economic law and the main motivations for negotiating mega-regional agreements. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement procedures envisaged in these 'mega-regional' agreements. The book goes on to consider the progress made in intellectual property protection, the problems associated with data protection, human rights, labour, and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other. It concludes with four chapters that discuss globalization and other fundamental questions surrounding these mega-regional agreements from economic, political science, and legal perspectives.
Book Synopsis The European Crisis and the Transformation of Transnational Governance by : Christian Joerges
Download or read book The European Crisis and the Transformation of Transnational Governance written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2014-11-13 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
Book Synopsis Fragmentation vs the Constitutionalisation of International Law by : Andrzej Jakubowski
Download or read book Fragmentation vs the Constitutionalisation of International Law written by Andrzej Jakubowski and published by Routledge. This book was released on 2016-07-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
