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Constituting, Limiting, Regulating and Justifying Multilevel Governance of Interdependent Public Goods

2013 Foreign trade regulation
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Release : 2013
Genre : Foreign trade regulation
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Book Synopsis Constituting, Limiting, Regulating and Justifying Multilevel Governance of Interdependent Public Goods by : Ernst-Ulrich Petersmann

Download or read book Constituting, Limiting, Regulating and Justifying Multilevel Governance of Interdependent Public Goods written by Ernst-Ulrich Petersmann. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: This contribution discusses legal and methodological problems of multilevel governance of the international trading, development, environmental and legal systems from the perspective of "public goods theories" and related legal theories. The state-centred, power-oriented governance practices in worldwide organizations fail to protect effectively human rights, transnational rule of law and other international public goods for the benefit of citizens. Their criticism by civil society, democratic parliaments and courts of justice prompts increasing opposition to non-inclusive, intergovernmental rule-making, as in the case of the 2011 Anti-Counterfeiting Trade Agreement rejected by the European Parliament. The "democracy deficits" and morally often unjustified power politics underlying "Westphalian intergovernmentalism" weaken the overall coherence of multilevel regulation of interdependent public goods that interact "horizontally" (e.g., the monetary, trading, development, environmental and related legal systems) as well as "vertically" (e.g., in case of "aggregate public goods" composed of local, national, regional and worldwide public goods). The "laboratory" of European multilevel governance offers lessons for reforming worldwide governance institutions dominated by executives. The integration of nation states into an interdependent, globalized world requires a multilevel integration law in order to protect transnational public goods more effectively. Legal and constitutional theories need to be integrated into public goods research and must promote stronger legal, judicial and democratic accountability of intergovernmental rule-making vis-à-vis citizens on the basis of "cosmopolitan constitutionalism" evaluating the legitimacy of national legal systems also in terms of their contribution to protecting cosmopolitan rights and transnational public goods.

Multilevel Constitutionalism for Multilevel Governance of Public Goods

2017-01-12 Law
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Release : 2017-01-12
Genre : Law
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Book Rating : 060/5 ( reviews)

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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. This book was released on 2017-01-12. 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.

Multilevel Governance of Interdependent Public Goods

2012
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Release : 2012
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Book Synopsis Multilevel Governance of Interdependent Public Goods by : European University Institute (Fiesole). Robert Schuman Centre

Download or read book Multilevel Governance of Interdependent Public Goods written by European University Institute (Fiesole). Robert Schuman Centre. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: This publication includes papers of an interdisciplinary conference in 2011 analysing multilevel governance problems of the international trading, environmental, development and rule-of-law systems as interdependent 'aggregate public goods'. It begins with policy-oriented analyses from leading practitioners on the 'gap between theory and practice' in multilevel governance. The analyses of the 'collective action problems' are supplemented by case-studies on the world trading, environmental, development and related rule-of-law systems. Apart from assessing existing multilevel governance arrangements (such as the G20 meetings), the conference papers explore alternative strategies for rendering multilevel governance more effective, for instance by promoting public-private partnerships, empowering private actors through stronger cosmopolitan rights, enhancing legal-judicial accountability of governments and by promoting overall coherence through transnational rule-of-law systems. The papers explore emerging principles for multilevel political governance (like 'responsible sovereignty', unilateral protection of 'common concerns') as well as new forms of multilevel judicial governance strengthening transnational rule-of-law in international trade, investment and environmental regulation.

European Yearbook of International Economic Law 2016

2016-07-16 Law
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Release : 2016-07-16
Genre : Law
Kind : eBook
Book Rating : 153/5 ( reviews)

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Book Synopsis European Yearbook of International Economic Law 2016 by : Marc Bungenberg

Download or read book European Yearbook of International Economic Law 2016 written by Marc Bungenberg. This book was released on 2016-07-16. Available in PDF, EPUB and Kindle. Book excerpt: Volume 7 of the EYIEL focusses on critical perspectives of international economic law. Recent protests against free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) remind us that international economic law has always been a politically and legally contested field. This volume collects critical contributions on trade, investment, financial and other subfields of international economic law from scholars who have shaped this debate for many years. The critical contributions to this volume are challenged and sometimes rejected by commentators who have been invited to be “critical with the critics”. The result is a unique collection of critical essays accompanied by alternative and competing views on some of the most fundamental topics of international economic law. In its section on regional developments, EYIEL 7 addresses recent megaregional and plurilateral trade and investment agreements and negotiations. Short insights on various aspects of the Transpacific Partnership (TPP) and its sister TTIP are complemented with comments on other developments, including the African Tripartite FTA und the negotiations on a plurilateral Trade in Services Agreement (TiSA). Further sections address recent WTO and investment case law as well as recent developments concerning the IMF, UNCTAD and the WCO. The volume closes with reviews of recent books in international economic law.

Mega-Regional Trade Agreements

2017-07-20 Law
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Release : 2017-07-20
Genre : Law
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Book Rating : 636/5 ( reviews)

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Book Synopsis Mega-Regional Trade Agreements by : Thilo Rensmann

Download or read book Mega-Regional Trade Agreements written by Thilo Rensmann. This book was released on 2017-07-20. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

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