Del 16 - World Trade Institute Advanced Studies

Constitutionalism and Transnational Governance Failures

Inbunden, Engelska, 2024

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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)

Produktinformation

Utgivningsdatum2024-03-27
Mått155 x 235 x 31 mm
Vikt818 g
FormatInbunden
SpråkEngelska
SerieWorld Trade Institute Advanced Studies
Antal sidor400
FörlagBrill
ISBN9789004693715

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Ernst-Ulrich Petersmann has worked as legal counsel in Germany’s Ministry of Economic Affairs, GATT and the WTO, and has taught international and European law at the European University Institute at Florence, the Hague and Xiamen Academies of International Law, the EUI Academy of European Law, and numerous universities around the world. His publications include more than 35 books and 380 contributions to books and academic journals.Armin Steinbach holds the Jean Monnet Chair of EU Law and Economics and the HEC Foundation Chair of Law at the École des hautes études commerciales (HEC) in Paris. He served ten years as a civil servant in German government, including as head of division in the Ministry of Finance and the Ministry of Economic Affairs. He worked at the World Trade Organization (WTO) and as an attorney with the law firm Cleary Gottlieb Steen & Hamilton.

PrefaceList of Figures and TablesNotes on Contributors1 Introduction and Conclusions of This BookErnst-Ulrich Petersmann and Armin Steinbach2 Constitutional Pluralism, Regulatory Competition and Transnational Governance FailuresErnst-Ulrich Petersmann3 Constitutional Economics and Transnational Governance FailuresArmin Steinbach4 Constitutionalising Climate Mitigation Norms in EuropeChristina Eckes5 The EU Carbon Border Adjustment Mechanism a Transnational Governance Instrument Whose Time Has ComeJames Flett6 Common but Differentiated Constitutionalisms: Does ‘Environmental Constitutionalism’ Offer Realistic Policy Options for Improving UN Environmental Law and Governance? US and Latin American PerspectivesErin Daly, Maria Antonia Tigre and Natalia Urzola7 Constitutional, Governance or Market Failures: China, Climate Change and Energy TransitionHenry Gao and Weihuan Zhou8 Reforming International Governance: Multilateralism or Polylateralism?Pascal Lamy9 Transnational Governance Failures – a Business Perspective and Roadmap for Future ActionJohn W.H. Denton AO10 U.S. Trade and MultilateralismMerit E. Janow11 Democratic Leadership through Transatlantic Cooperation for Trade and Technology Reforms through the ttc Model?Elaine Fahey12 Can the wto Dispute Settlement System Be Revived? Options for Addressing a Major Governance Failure of the World Trade OrganizationPeter Van den Bossche13 EU and UN Proposals for Reforming Investor-State ArbitrationMaria Laura Marceddu14 Systematic Rivalries and Multilevel Governance in Asia: a Constitutional PerspectiveJulien ChaisseIndex

"[B]broadens the field of analysis by defending the extension of constitutionalism at the transnational level....offer[s] keys to understanding and interpreting the world in progress and constitute a salutary reminder of a truth that the domination of the market and of goods tends to put in the shadows: “Ideas do matter.” -Yves Meny, "Two major works on European integration and transnational governance," telos, 2024 (translated from French)