Multilevel Constitutionalism For Multilevel Governance Of Public Goods

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Multilevel Constitutionalism for Multilevel Governance of Public Goods

Author : Ernst-Ulrich Petersmann
Publisher : Hart Publishing
ISBN 13 : 9781509909131
Total Pages : pages
Book Rating : 4.9/5 (91 download)

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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 Hart Publishing. This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : from democratic and republican to cosmopolitan constitutionalism in multilevel governance of public goods -- Human rights, "constitutional" treaty interpretation and judicial protection of individual rights in multilevel governance of public goods -- Constituting, limiting, regulating and justifying multilevel governance through multilevel "republican constitutionalism"--Civilizing and constitutionalizing "disconnected" UN, WTO and EU governance require "cosmopolitan constitutionalism" : legal methodology challenges

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Author : Ernst Ulrich Petersmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909125
Total Pages : 415 pages
Book Rating : 4.5/5 (99 download)

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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 415 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.

International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319815
Total Pages : 574 pages
Book Rating : 4.8/5 (473 download)

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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 574 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.

International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann
Publisher :
ISBN 13 :
Total Pages : 540 pages
Book Rating : 4.:/5 (812 download)

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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 . This book was released on 2012 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism and Transnational Governance Failures

Author :
Publisher : BRILL
ISBN 13 : 9004693726
Total Pages : 417 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Constitutionalism and Transnational Governance Failures by :

Download or read book Constitutionalism and Transnational Governance Failures written by and published by BRILL. This book was released on 2024-03-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Author : Ernst Ulrich Petersmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909079
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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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 416 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.

Elgar Encyclopedia of International Economic Law

Author : Thomas Cottier
Publisher :
ISBN 13 : 9781784713539
Total Pages : 0 pages
Book Rating : 4.7/5 (135 download)

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Book Synopsis Elgar Encyclopedia of International Economic Law by : Thomas Cottier

Download or read book Elgar Encyclopedia of International Economic Law written by Thomas Cottier and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

Constitutionalism, Multilevel Trade Governance and Social Regulation

Author : Christian Joerges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312861
Total Pages : 566 pages
Book Rating : 4.8/5 (473 download)

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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 566 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".

Global Multi-level Governance

Author : César de Prado
Publisher : United Nations University Press
ISBN 13 : 9280811398
Total Pages : 294 pages
Book Rating : 4.2/5 (88 download)

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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.

The Oxford Handbook of Transformations of the State

Author : Stephan Leibfried
Publisher : OUP Oxford
ISBN 13 : 0191643254
Total Pages : 800 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Transformations of the State by : Stephan Leibfried

Download or read book The Oxford Handbook of Transformations of the State written by Stephan Leibfried and published by OUP Oxford. This book was released on 2015-06-11 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook offers a comprehensive treatment of transformations of the state, from its origins in different parts of the world and different time periods to its transformations since World War II in the advanced industrial countries, the post-Communist world, and the Global South. Leading experts in their fields, from Europe and North America, discuss conceptualizations and theories of the state and the transformations of the state in its engagement with a changing international environment as well as with changing domestic economic, social, and political challenges. The Handbook covers different types of states in the Global South (from failed to predatory, rentier and developmental), in different kinds of advanced industrial political economies (corporatist, statist, liberal, import substitution industrialization), and in various post-Communist countries (Russia, China, successor states to the USSR, and Eastern Europe). It also addresses crucial challenges in different areas of state intervention, from security to financial regulation, migration, welfare states, democratization and quality of democracy, ethno-nationalism, and human development. The volume makes a compelling case that far from losing its relevance in the face of globalization, the state remains a key actor in all areas of social and economic life, changing its areas of intervention, its modes of operation, and its structures in adaption to new international and domestic challenges.

The Protection of General Interests in Contemporary International Law

Author : Massimo Iovane
Publisher : Oxford University Press
ISBN 13 : 0192846507
Total Pages : 449 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Protection of General Interests in Contemporary International Law by : Massimo Iovane

Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.

European International Law Traditions

Author : Peter Hilpold
Publisher : Springer Nature
ISBN 13 : 3030520285
Total Pages : 339 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European International Law Traditions by : Peter Hilpold

Download or read book European International Law Traditions written by Peter Hilpold and published by Springer Nature. This book was released on 2020-11-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017)

Author : Chia-Jui Cheng
Publisher : BRILL
ISBN 13 : 9004355308
Total Pages : 346 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017) by : Chia-Jui Cheng

Download or read book Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017) written by Chia-Jui Cheng and published by BRILL. This book was released on 2017-12-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Collected Courses of the Xiamen Academy of International Law Hans van Loon, Former Secretary-General of The Hague Conference of Private International Law, Prof. Bimal N. Patel, Director of Gujarat National Law University, India, and Prof. Ernst-Ulrich Petersmann of the European University Institute in Florence, provide insightful, perspicacious and concise analysis of recent developments in international law .

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020

Author :
Publisher : BRILL
ISBN 13 : 9004501630
Total Pages : 314 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020 by :

Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020 written by and published by BRILL. This book was released on 2021-12-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020.

Sixty Years of European Integration and Global Power Shifts

Author : Julien Chaisse
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933743
Total Pages : 520 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Sixty Years of European Integration and Global Power Shifts by : Julien Chaisse

Download or read book Sixty Years of European Integration and Global Power Shifts written by Julien Chaisse and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU's interactions with a number of other countries and organisations with the objective of assessing the EU's role in global governance.

Transforming World Trade and Investment Law for Sustainable Development

Author : Ernst-Ulrich Petersmann
Publisher : Oxford University Press
ISBN 13 : 0192672762
Total Pages : 369 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Transforming World Trade and Investment Law for Sustainable Development by : Ernst-Ulrich Petersmann

Download or read book Transforming World Trade and Investment Law for Sustainable Development written by Ernst-Ulrich Petersmann and published by Oxford University Press. This book was released on 2022-03-24 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"—aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)—requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.

Local Engagement with International Economic Law and Human Rights

Author : Ljiljana Biukovic
Publisher : Edward Elgar Publishing
ISBN 13 : 1785367196
Total Pages : 304 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Local Engagement with International Economic Law and Human Rights by : Ljiljana Biukovic

Download or read book Local Engagement with International Economic Law and Human Rights written by Ljiljana Biukovic and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.