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Transnational Governance and Constitutionalism : International Studies in the Theory of Private Law - Christian Joerges

Transnational Governance and Constitutionalism

International Studies in the Theory of Private Law

By: Christian Joerges (Editor), Inger-Johanne Sand (Editor), Gunther Teubner (Editor)

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The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term "constitutionalism" is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualization of constitutionalism or a discussion of its functional equivalents. "Transnational governance" is neither public nor private, nor purely international, supranational nor totally denationalized. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

...provides a wealth of thoughtful, informative, state-of-the-art examination of the most important issues of accountability and legitimation posed by the diverse transnational mechanisms for regulation of the global economy. Richard Stewart, John Edward Sexton Professor of Law, New York University School of Law www.globallawbooks.org, also publishished in the World Trade Review, July 2005 October 2005 Das Buch von Joerges, Sand und Teubner ist ein uberaus hilfreicher Wegweiser in der ausufernden Globalisierungs- und Konstitutionalisierungsdebatte. Rainer Grote Heidelberg Journal of International Law band 67 nr.1 2007

Foreword and acknowledgements
Societal constitutionalism : alternatives to state-centred constitutional theory?p. 3
Constitutionalism or legal theory : comments on Gunther Teubnerp. 29
Polycontextuality as an alternative to constitutionalismp. 41
Themis Sapiens : comments on Inger-Johanne Sandp. 67
Sources of legitimacy beyond the state : a view from international relationsp. 81
No legitimacy without politics : comments on Jens Steffekp. 103
Europe at a crossroads : government or transnational governance?p. 115
Law and non-law in the constitionalisation of Europe : comments on Eriksen and Fossump. 147
Constituting private governance regimes : standards bodies in American Lawp. 161
Law and constitutionalism in the mirror of non-governmental standards : comments on Harm Schepelp. 189
Transnational governance regimes for foods : derived from bio-technology and their legitimacyp. 199
Legitimation of transnational governance regimes : foodstuff regulation at the WTO : comments on Alexia Herwigp. 223
The many faces of the trade-environment conflict : some lessons for the constitutionalisation projectp. 233
The structural limitations of network governance : ICANN as a case in pointp. 257
ICANN and the illusion of a community-based internet : comments on Jochen von Bernstorffp. 283
Transnational governance of corporate conduct through the migration of human rights norms : the potential contribution of transnational 'private' litigationp. 287
Human rights, transnational private law litigation and corporate accountability : comments on Scott and Waip. 321
Transnational governance without a public law?p. 329
Constitutionalism and transnational governance : exploring a magic trianglep. 339
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134352
ISBN-10: 184113435X
Series: International Studies in the Theory of Private Law
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 408
Published: 30th June 2004
Country of Publication: GB
Dimensions (cm): 24.13 x 16.51  x 3.18
Weight (kg): 0.75
Edition Number: 1