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.

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.

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

Download or read book Multilevel Democracy written by Jefferey M. Sellers and published by Cambridge University Press. This book was released on 2020-03-05 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores ways to make democracy work better, with particular focus on the integral role of local institutions.

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".

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 928 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.

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)

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.

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.

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.

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 521 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.

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.

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 2018-01-22 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first essay of this volume is written by Hans van Loon, who was the Secretary-General of The Hague Conference of Private International Law (HCCH) from 30 June 1996 to 30 June 2013, and who steered the Conference during a time of global expansion and transformation. He has been a forerunner in the formulation of modern private international law through multilateral treaties and was involved in the development of nine Hague Conventions, as well as the revision of the Statute of the Hague Conference. The continued relevance of the Hague Conference in the 21st century is in large part due to his commitment to the field of private international law and his awareness of its role in a broader social context. In recent years, private international law has become intertwined with public international law. Van Loon's essay on "At the Cross-Roads of Public and Private International Law - The Hague Conference on Private International [and its Work]" evidences that the system of modern international law is inseparable from private international law. One of the most highly qualified figures in international marine environment law is Prof. Bimal N. Patel, Director and Professor of Public International Law, Gujarat National Law University in India. The protection and preservation of the marine environment has been the subject of global and regional cooperation within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other multilateral treaties thereof. Prof. Patel's essay on "Marine Environment Law and Practice of China, India, Japan and Korea" provides a timely study of the material sources of international marine environmental law. Prof. Ernst-Ulrich Petersmann has been a pioneer in formulating the material part of international economic law in each of its developmental stage. His essays display remarkable intellectual vitality, illustrating his new initiatives in the subject of international economic law. He was first invited to lecture at the Xiamen summer programme in 2006, on "New Dimensions of International Economic Law", and he was again invited to deliver a lecture on "Methodological Problems in International Trade, Investment and Health Law and Adjudication" at the commemoration of the tenth anniversary of the establishment of Xiamen Academy in 2015. With his practical experience with the World Trade Organization (WTO), and teaching and research at the European University Institute in Florence, Prof. Petersmann has not only promoted and illuminated public international economic law, he is also one of a group of highly qualified scholars who have been writing and collaborating with others in order to lay the foundation of modern international economic law.

Download or read book The Theory of Multi level Governance written by Simona Piattoni and published by Oxford University Press. This book was released on 2010-02-25 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theoretical issues, empirical evidence, and normative debates elicited by the concept of multi-level governance (MLG). The concept is a useful descriptor of decision-making processes that involve the simultaneous mobilization of public authorities at different jurisdictional levels as well as that of non-governmental organizations and social movements. It has become increasingly relevant with the weakening of territorial state power and effectiveness and the increase in international interdependencies which serve to undermine conventional governmental processes. This book moves towards the construction of a theory of multi-level governance by defining the analytical contours of this concept, identifying the processes that can uniquely be denoted by it, and discussing the normative issues that are raised by its diffusion, particularly in the European Union. It is divided into three parts, each meeting a specific challenge - theoretical, empirical, normative. It focuses on three analytical dimensions: multi-level governance as political mobilization (politics), as authoritative decision-making (policy), and as state restructuring (polity). Three policy areas are investigated in vindicating the usefulness of MLG as a theoretical and empirical concept - cohesion, environment, higher education - with particular reference to two member-states: the UK and Germany. Finally, both the input and output legitimacy of multi-level governance decisions and arrangements and its contribution to EU democracy are discussed. As a loosely-coupled policy-making arrangement, MLG is sufficiently structured to secure coordination among public and private actors at different jurisdictional levels, yet sufficiently flexible to avoid "joint decision traps". This balance is obtained at the cost of increasingly blurred boundaries between public and private actors and a change in the established hierarchies between territorial jurisdictions.

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.

Download or read book The Global Community Yearbook of International Law and Jurisprudence 2020 written by Giuliana Ziccardi Capaldo and published by Oxford University Press. This book was released on 2022-01-07 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The General Editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ), human rights courts (ECtHR, IACtHR, ACtHPR), criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO dispute settlement system. This edition contains original research articles on the development and analysis of the concept of global law and the views of the leading global law theorists on the subject of globalization. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.

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 301 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.