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OverviewThis 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. Full Product DetailsAuthor: Christian Joerges (Hertie School of Governance, Berlin) , Ernst-Ulrich PetersmannPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Volume: 12 Dimensions: Width: 15.60cm , Height: 2.70cm , Length: 23.40cm Weight: 0.966kg ISBN: 9781849461658ISBN 10: 1849461651 Pages: 616 Publication Date: 24 June 2011 Audience: College/higher education , Postgraduate, Research & Scholarly Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsSection I: International Trade Law: Constitutionalisation and Judicialisation in the WTO and Beyond Section I.1 Constitutionalisation and the WTO: Two Competing Visions from Two Different Disciplines 1. Multilevel Trade Governance in the WTO Requires Multilevel Constitutionalism Ernst-Ulrich Petersmann 2. Democratic Legitimacy of Transnational Trade Governance: A View from Political Theory Patrizia Nanz Section I.2 Judicialisation: Empirical Inquiries and Constitutional Concerns 3. Dispute Settlement under GATT and WTO: An Empirical Enquiry into a Regime Change Achim Helmedach and Bernhard Zangl 4. The Appellate Body's 'Response' to the Tensions and Interdependencies Between Transnational Trade Governance and Social Regulation Christiane Gerstetter Section I.3 Participatory Governance: Emerging Patterns and their Juridification 5. Why Co-operate? Civil Society Participation at the WTO Jens Steffek and Claudia Kissling 6. Legal Patterns of Global Governance: Participatory Transnational Governance Rainer Nickel Section I.4 Legalisation Patterns outside the WTO 7. Non-Traditional Patterns of Global Regulation: Is the WTO 'Missing the Boat'? Joost Pauwelyn 8. Conflicts and Comity in Transnational Governance: Private International Law as Mechanism and Metaphor for Transnational Social Regulation through Plural Legal Regimes Robert Wai Section II: Transnational Governance Arrangements for Product Safety Section II.1 Food Safety Regulation: the SPS Agreement and the Codex Alimentarius 9. Fixing the Codex? Global Food-Safety Governance Under Review Thorsten Hüller and Leo Maier 10. The Precautionary Principle in Support of Practical Reason: an Argument Against Formalistic Interpretations of the Precautionary Principle Alexia Herwig 11. Beyond the Science/Democracy Dichotomy: The World Trade Organisation Sanitary and Phytosanitary Agreement and Administrative Constitutionalism Elizabeth Fisher 12. Administrative Globalisation and Curbing the Excesses of the State Damian Chalmers Section II.2 The TBT Agreement and International Standardisation 13. A New Device for Creating International Legal Normativity: The WTO Technical Barriers to Trade Agreement and 'International Standards' Robert Howse 14. The Empire's Drains: Sources of Legal Recognition of Private Standardisation under the TBT Agreement Harm Schepel Section III: Alternative Conceptions of International Economic Law and Multilevel Governance 15. The Idea of a Three-dimensional Conflicts Law as Constitutional Form Christian Joerges 16. The World Trade Organization and Global Administrative Law Richard B Stewart and Michelle Ratton Sanchez-Badin 17. Towards a Five Storey House Thomas Cottier 18. The Future of International Economic Law: A Research Agenda Ernst-Ulrich PetersmannReviewsIt brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.Rachael L. JohnstoneNordicum-MediterraneumVolume 7, No.1, 2012 It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars. Rachael L. Johnstone Nordicum-Mediterraneum Volume 7, No.1, 2012 Author InformationChristian Joerges was until 2007 Professor of Economic Law at the European University Institute, Florence and is now Research Professor at the University of Bremen and Co-Director of the Centre for European Law and Politics. Ernst-Ulrich Petersmann is Professor of International and European Law at the European University Institute at Florence. Tab Content 6Author Website:Countries AvailableAll regions |
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