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Constitutionalism, Multilevel Trade Governance and Social Regulation : Studies in International Trade Law - Christian Joerges

Constitutionalism, Multilevel Trade Governance and Social Regulation

Studies in International Trade Law

By: Christian Joerges (Editor), Ernst-Ulrich Petersmann (Editor), Ulrike Ehling (Contribution by), Elizabeth C. Fisher (Contribution by), Matthias Leonhard Maier (Contribution by)

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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".

This book makes a substantial contribution...It is essential reading for all scholars and students interested in the mind-boggling challenges and complexities of multilayered governance for democracy in a world of globalised markets...All the papers, in their own way, offer rich insights from very different angles...For the lawyer, the contributions by political scientists are particularly helpful in understanding the doctrine of legitimacy and deliberative democracy. They assist in advancing legal thinking. The same is likely true for the legal papers, which could assist the political scientist and economist in coming to grips with the complexities of multilevel trade governance. Thomas Cottier Journal of International Economic Law 2007 The arguments, findings and suggestions are of such richness in advancing the knowledge of interconnections between various layers and sources of law in balancing trade and market liberalization with non-economic considerations, that the reader will be in the position to increasingly appreciate this project only after repeated reading. And he/she will never be disappointed by the inspiration which the book sparks on the international/trans-national constitutionalism discourse. Luca Rubini Common Market Law Review Volume 44, Issue 5

Preface and Acknowledgementsp. v
List of Contributorsp. xi
Abbreviationsp. xvii
Introduction and Overviewp. xxi
International Trade Law: Constitutionalisation and Judicialisation in the WTO and Beyondp. 1
Constitutionalisation and the WTO: Two Competing Visions from Two Different Disciplinesp. 3
Multilevel Trade Governance in the WTO Requires Multilevel Constitutionalismp. 5
Democratize Legitimacy of Transnational Trade Governance A View from Political Theoryp. 59
Judicialisation: Empirical Inquiries and Constitutional Concernsp. 83
Dispute Settlement under GATT and WTO: An Empirical Enquiry into a Regime Changep. 85
The Appellate Body's æResponse' to the Tensions and Interdependencies Between Transnational Trade Governance and Social Regulationp. 111
Participatory Governance: Emerging Patterns and their Juridificationp. 133
Why Co-operate? Civil Society Participation at the WTOp. 135
Participatory Transnational Governancep. 157
Legalisation Patterns outside the WTOp. 197
Non-Traditional Patterns of Global Regulation: Is the WTO `Missing the Boat'?p. 199
Conflicts and Comity in Transnational Governance: Private International Law as Mechanism and Metaphor for Transnational Social Regulation through Plural Legal Regimesp. 229
Transnational Governance Arrangements for Product Safetyp. 263
Food Safety Regulation: the SPS Agreement and the Codex Alimentariusp. 265
Fixing the Codex? Global Food-Safety Governance Under Reviewp. 267
The Precautionary Principle in Support of Practical Reason: an Argument Against Formalistic Interpretations of the Precautionary Principlep. 301
Beyond the Science/Democracy Dichotomy: The World Trade Organisation Sanitary and Phytosanitary Agreement and Administrative Constitutionalismp. 327
Administrative Globalisation and Curbing the Excesses of the Statep. 351
The TBT Agreement and International Standardisationp. 381
A New Device for creating International Legal Normativity: The WTO Technical Barriers to Trade Agreement and `International Standards'p. 383
The Empire's Drains: Sources of Legal Recognition of Private Standardisation under the TBT Agreementp. 397
The WTO and Transnational Environmental Governancep. 411
Global Environmental Governance and the WTO: Emerging Rulesthrough Evolving Practice: The CBD-Bonn Guidelinesp. 413
Environmental Policies and the WTO Committee on Trade and Environment: A Record of Failure?p. 437
Facing the Global Hydra: Ecological Transformation at the Global Financial Frontier: The Ambitious Case of the Global Reporting Initiativep. 459
Epiloguep. 489
Constitutionalism in Postnational Constellations: Contrasting Social Regulation in the EU and in the WTOp. 491
Indexp. 529
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841136653
ISBN-10: 1841136654
Series: Studies in International Trade Law
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 566
Published: 19th October 2006
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 4.4
Weight (kg): 1.1
Edition Number: 1