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Multilevel Constitutionalism for Multilevel Governance of Public Goods

2016 Constitutional law
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Release : 2016
Genre : Constitutional law
Kind : eBook
Book Rating : 131/5 ( 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 2016. 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

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
Kind : eBook
Book Rating : /5 ( reviews)

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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
Kind : eBook
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.

Constitutionalism and Transnational Governance Failures

2024-03-11 Law
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Release : 2024-03-11
Genre : Law
Kind : eBook
Book Rating : 726/5 ( reviews)

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Book Synopsis Constitutionalism and Transnational Governance Failures by :

Download or read book Constitutionalism and Transnational Governance Failures written by . This book was released on 2024-03-11. 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)

Constitutionalism, Multilevel Trade Governance and Social Regulation

2006-10-19 Law
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Release : 2006-10-19
Genre : Law
Kind : eBook
Book Rating : 861/5 ( reviews)

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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. This book was released on 2006-10-19. 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".

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