Constitutionalism and Transnational Governance Failures

Erscheinungsjahr 2024
ISBN: 978-90-04-69371-5
Verlag: Brill

Buch, Englisch, Band 16, 400 Seiten, Format (B × H): 157 mm x 236 mm, Gewicht: 699 g

Reihe: World Trade Institute Advanced Studies

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)

Autoren/Hrsg.

Weitere Mitwirkende

Petersmann, Ernst-Ulrich

Steinbach, Armin

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Über Autor(innen)

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.