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Constitutionalism, Multilevel Trade Governance and Social Regulation: Studies in International Trade and Investment Law

Editat de Christian Joerges, Ernst-Ulrich Petersmann
en Limba Engleză Hardback – 18 oct 2006
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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Specificații

ISBN-13: 9781841136653
ISBN-10: 1841136654
Pagini: 566
Dimensiuni: 156 x 234 x 44 mm
Greutate: 1.02 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Trade and Investment Law

Locul publicării:London, United Kingdom

Caracteristici

This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems.

Notă biografică

Christian Joerges is Professor of Economic Law at the European University Institute, Florence. He is on leave from the University of Bremen where he was a Director of the Centre for European Law and Policy.Ernst-Ulrich Petersmann is Professor of International and European Law at the European University Institute at Florence and Joint Chair at the Robert Schuman Centre for Advanced Studies in Florence, Italy. He was formerly Professor at the University of Geneva and its Graduate Institute of International Studies, and legal adviser in GATT and the WTO

Cuprins

Section I: International Trade Law: Constitutionalisation and Judicialisation in the WTO and Beyond1. Multilevel Trade Governance in the WTO Requires Multilevel Constitutionalism Ernst-Ulrich Petersmann2. Democratic Legitimacy of Transnational Trade Governance: A View from Political Theory Patrizia Nanz3. Dispute Settlement under GATT and WTO: An Empirical Enquiry into a Regime ChangeAchim Helmedach and Bernhard Zangl4. The Appellate Body's 'Response' to the Tensions and Interdependencies Between Transnational Trade Governance and Social RegulationChristiane Gerstetter5. Why Co-operate? Civil Society Participation at the WTOJens Steffek and Claudia Kissling6. Participatory Transnational GovernanceRainer Nickel7. Non-Traditional Patterns of Global Regulation: Is the WTO 'Missing the Boat'?Joost Pauwelyn8. Conflicts and Comity in Transnational Governance: Private International Law as Mechanism and Metaphor for Transnational Social Regulation through Plural Legal RegimesRobert WaiSection II: Transnational Governance Arrangements for Product Safety9. Fixing the Codex? Global Food-Safety Governance Under ReviewThorsten Hüller and Matthias Leonhard Maier10. The Precautionary Principle in Support of Practical Reason: an Argument Against Formalistic Interpretations of the Precautionary PrincipleAlexia Herwig11. Beyond the Science/Democracy Dichotomy: The World Trade Organisation Sanitary and Phytosanitary Agreement and Administrative ConstitutionalismElizabeth Fisher12. Administrative Globalisation and Curbing the Excesses of the StateDamian Chalmers13. A New Device for creating International Legal Normativity: The WTO Technical Barriers to Trade Agreement and 'International Standards'Robert Howse14. The Empire's Drains: Sources of Legal Recognition of Private Standardisation under the TBT AgreementHarm SchepelSection III: The WTO and Transnational Environmental Governance15. Global Environmental Governance and the WTO: Emerging Rulesthrough Evolving Practice: The CBD-Bonn GuidelinesChristine Godt16. Environmental Policies and the WTO Committee on Trade and Environment: A Record of Failure?Ulrike Ehling17. Facing the Global Hydra: Ecological Transformation at the Global Financial Frontier: The Ambitious Case of the Global Reporting InitiativeOren PerezSection IV: Epilogue18. Constitutionalism in Postnational Constellations: Contrasting Social Regulation in the EU and in the WTOChristian Joerges

Recenzii

This book makes a substantial contribution...It is essential reading for all scholars and students interested in the mind-boggling challenges and complexities of multilayered governance for democracy in a world of globalised markets.All the papers, in their own way, offer rich insights from very different angles.For the lawyer, the contributions by political scientists are particularly helpful in understanding the doctrine of legitimacy and deliberative democracy. They assist in advancing legal thinking. The same is likely true for the legal papers, which could assist the political scientist and economist in coming to grips with the complexities of multilevel trade governance.
The arguments, findings and suggestions are of such richness in advancing the knowledge of interconnections between various layers and sources of law in balancing trade and market liberalization with non-economic considerations, that the reader will be in the position to increasingly appreciate this project only after repeated reading. And he/she will never be disappointed by the inspiration which the book sparks on the international/trans-national constitutionalism discourse.

Descriere

This book considers the ever complex legal networks of transnational economic governance and their legitimacy problems.