Ruling the World?

Constitutionalism, International Law, and Global Governance

Inbunden, Engelska, 2009

Av Jeffrey L. Dunoff, Joel P. Trachtman, Philadelphia) Dunoff, Jeffrey L. (Temple University, Massachusetts) Trachtman, Joel P. (Tufts University

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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

Produktinformation

Utgivningsdatum2009-07-27
Mått152 x 229 x 24 mm
Vikt750 g
FormatInbunden
SpråkEngelska
Antal sidor432
FörlagCambridge University Press
ISBN9780521514392

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Jeffrey L. Dunoff is Nomura Visiting Professor of International Financial Systems at Harvard Law School and Professor of Law and Director, Institute for International Law and Public Policy at Temple University Beasley School of Law. During 2007–8, he served as a Senior Visiting Research Scholar in the LAPA program at the Woodrow Wilson School at Princeton University and, in 2005, as a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University. Dunoff is coauthor (with Steven Ratner and David Wippman) of a leading textbook, International Law: Actors, Norms, Process, and his writings have appeared in journals such as the American Journal of International Law, the European Journal of International Law, and the Journal of International Economic Law. Joel P. Trachtman is Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University. From 1998 to 2001, he was Academic Dean of the Fletcher School, and, during 2000 and 2001, he served as Dean ad interim. In 2002, he was Manley O. Hudson Visiting Professor of Law, and in 2004 he was Nomura Visiting Professor of International Financial Systems, at Harvard Law School. The author of more than seventy scholarly publications, Professor Trachtman is a member of the boards of the American Journal of International Law, the European Journal of International Law, the Journal of International Economic Law, and the Singapore Yearbook of International Law.

Part I. What Is Constitutionalism Beyond the State?: 1. A functional approach to global constitutionalism Jeffrey L. Dunoff and Joel P. Trachtman; 2. The mystery of global governance David Kennedy; 3. The international legal system as a constitution Andreas Paulus; Part II. The Constitutional Dimensions of Specific International Regimes: 4. The UN charter - a global constitution? Michael Doyle; 5. Rediscovering a forgotten constitution: notes on the place of the UN charter in the international legal order Bardo Fassbender; 6. Reframing EU constitutionalism Neil Walker; 7. The politics of international constitutions: the curious case of the WTO Jeffrey L. Dunoff; 8. Constitutional economics of the WTO Joel P. Trachtman; Part III. Cross Cutting Issues: 9. Human rights and international constitutionalism Stephen Gardbaum; 10. The cosmopolitan turn in constitutionalism: on the relationship between national constitutional law and constitutionalism beyond the state Mattias Kumm; 11. Constitutional heterarchy: the centrality of conflict in the United States and Europe Daniel Halberstam; 12. Courts and pluralism: essay on a theory of judicial adjudication in the context of legal and constitutional pluralism Miguel Poiares Maduro; 13. Whose constitution(s)? International law, constitutionalism and democracy Samantha Besson.

"How close are we to having an International Constitution to Rule the World? Penetrating essays in this distinguished, necessary volume offer the fullest answer we have thus far, examining through interdisciplinary lenses how constitutional discourse is reshaping international law, emerging regimes of global governance, and the growing intersection between domestic and transnational constitutions." --Harold Hongju Koh, Legal Adviser-Designate, United States Department of State; Dean and Gerard C. & Bernice Latrobe Smith Professor of International Law, Yale Law School