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| Author | : Ernst-Ulrich Petersmann |
| Publisher | : |
| Total Pages | : 23 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Download Multilevel Judicial Governance in European and International Economic Law Book in PDF, ePub and Kindle
Law and governance need to be justified vis-à-vis citizens in order to be accepted as legitimate and supported by civil society. This contribution argues that the legal and judicial methodologies of multilevel governance for international public goods need to be changed in order to protect basic needs and human rights of citizens more effectively. I define legal methodology in terms of the conceptions of the sources and 'rules of recognition' of law, the methods of interpretation, the functions and systemic nature of multilevel legal systems like IEL, and of the relationships between rules, principles, political and legal institutions and related practices. Section I recalls the historical evolution from 'good governance' to third-party adjudication and individual rights of access to justice. Section II discusses eight models of multilevel judicial governance in Europe. Section III uses constitutional and 'public goods' theories in order to explain the multiple functions of courts of justice and the increasing importance of judicial cooperation (comity) in protecting transnational rule of law in European and international economic law (IEL). Section IV argues that the diverse 'constitutional methods' applied by the EU Court of Justice (CJEU), the European Free Trade Area (EFTA) Court and the European Court of Human Rights (ECtHR) offer important lessons for multilevel judicial governance in IEL beyond Europe. Section V concludes by emphasizing the judicial task of administering justice in IEL and the need for limiting the existing 'legal' and 'doctrinal fragmentation' through multilevel judicial protection of transnational rule of law for the benefit not only of governments, but also of citizens as legal subjects and 'democratic owners' of IEL.
| Author | : Ernst-Ulrich Petersmann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 471 |
| Release | : 2012-07-24 |
| Genre | : Law |
| ISBN | : 1847319815 |
Download International Economic Law in the 21st Century Book in PDF, ePub and Kindle
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.
| Author | : Christian Joerges |
| Publisher | : Hart Pub Limited |
| Total Pages | : 599 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 9781849461658 |
Download Constitutionalism, Multilevel Trade Governance and International Economic Law Book in PDF, ePub and Kindle
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, conflict of laws, 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 that 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 legalisation and judicialisation 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'. This second paperback edition replaces Chapters 15 to 18 of the first edition published in 2006 by four new chapters examining the alternative conceptions of 'International Economic Law' and 'Multilevel Governance' from diverse public and private, national and international law perspectives.
| Author | : Ernst-Ulrich Petersmann |
| Publisher | : |
| Total Pages | : 27 |
| Release | : 2012 |
| Genre | : Conflict of laws |
| ISBN | : |
Download Constitutional Problems of Multilevel Judicial Governance in Trade and Investment Regulation Book in PDF, ePub and Kindle
This lecture, delivered at Copenhagen Business School on 18 November 2011, examines the legal and constitutional methodologies underlying private commercial arbitration, national, regional and worldwide adjudication in trade and investment regulation with a particular focus on 'multilevel judicial governance' inside the European Union (EU) relating to international agreements concluded by the EU and/or its member states. It explains the need for methodological legal constitutionalism in terms of theories of justice and human rights and emphasizes the customary law requirement of interpreting treaties, and settling disputes, 'in conformity with principles of justice', human rights and fundamental freedoms. Due to the 'dual nature' of modern legal systems as positive law including 'principles of justice', judges and 'courts of justice' must define their 'constitutional functions' of 'administering justice' with due regard to procedural and substantive human rights and other 'principles of justice'. The particular context of European and international economic law (IEL) calls for interpreting the 5 competing conceptions of IEL not only in terms of (1) Westphalian conceptions of 'public international law among sovereign states', (2) 'global administrative law', (3) multilevel economic regulation and (4) international commercial and 'conflicts law', but also as part of (5) multilevel constitutional rules based on respect for legitimate 'constitutional pluralism' aimed at protecting transnational rule of law for the benefit of citizens. Arguably, both human rights and the 'rule of law' requirements of EU law justify 'cosmopolitan conceptions' of IEL protecting transnational rule of law and limiting arbitrary violations of EU law and IEL by EU institutions and member states.
| Author | : Christian Joerges |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 592 |
| Release | : 2006-10-19 |
| Genre | : Law |
| ISBN | : 1847312861 |
Download Constitutionalism, Multilevel Trade Governance and Social Regulation Book in PDF, ePub and Kindle
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".
| Author | : Andreas Føllesdal |
| Publisher | : BRILL |
| Total Pages | : 449 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9004164383 |
Download Multilevel Regulation and the EU Book in PDF, ePub and Kindle
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of a ~multilevel regulationa (TM) as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. Apart from mapping multilevel regulation on the basis of a number of case studies, the book analyses its consequences in relation to forms of legal protection and legitimacy. In that respect it proposes an agenda for research to study how to cope with multilevel regulation. This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.
| Author | : Antonio Estella de Noriega |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2018-09-06 |
| Genre | : Business & Economics |
| ISBN | : 110714101X |
Download Legal Foundations of EU Economic Governance Book in PDF, ePub and Kindle
A critical analysis of the legal dimension of European Union economic governance.
| Author | : Ernst Ulrich Petersmann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 416 |
| Release | : 2017-01-12 |
| Genre | : Law |
| ISBN | : 1509909060 |
Download Multilevel Constitutionalism for Multilevel Governance of Public Goods Book in PDF, ePub and Kindle
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.
| Author | : Carlo Panara |
| Publisher | : Springer |
| Total Pages | : 202 |
| Release | : 2015-03-02 |
| Genre | : Law |
| ISBN | : 3319145894 |
Download The Sub-national Dimension of the EU Book in PDF, ePub and Kindle
This book is the first monograph-form legal study on multilevel governance in the EU and represents a radical change in the approach to this topic. Particularly after the Treaty of Lisbon’s entry into force, research on multilevel governance can no longer remain confined to the analysis of political dynamics or of soft law arrangements. Multilevel governance emerges as a constitutional principle in the European constitutional space, envisaging a method of governance based on the strong involvement of sub-national authorities in the creation and implementation of EU law and policy. Its foundation is in the mosaic resulting from the constitutional systems of the Union and its Member States. Multilevel governance arrangements play a fundamental part in achieving key Treaty objectives (such as subsidiarity, respect for the national identities of the Member States including regional and local self-government, openness, and closeness to the citizen). These arrangements lend legitimacy to EU decision-making, while also promoting constitutionalism and democracy in the EU.
| Author | : Christian Adam |
| Publisher | : Springer Nature |
| Total Pages | : 239 |
| Release | : 2019-09-20 |
| Genre | : Political Science |
| ISBN | : 3030216292 |
Download Taking the EU to Court Book in PDF, ePub and Kindle
This open access book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political dimension of annulment litigation, which has become an increasingly relevant judicial tool in the struggle over policy content and decision-making competences. The book covers the motivations of actors to turn policy conflicts into annulment actions, the emergence of multilevel actors’ litigant configurations, the impact of actors’ constellations on success in court, as well as the impact of annulment actions on the multilevel policy conflicts they originate from.
