Multilevel Constitutionalism for Multilevel Governance of Public Goods: Methodology Problems in International Law

ISBN-13: 9781509909124 / Angielski / Twarda / 2017 / 416 str.

Ernst Ulrich Petersmann

Opis

This is the first legal monograph analyzing multilevel governance of global 'aggregate public goods' (PGs) by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. Such a 'constitutional approach' is justified not only by the fact that 'human rights, ' 'rule of law, ' 'democracy' and other 'principles of justice' used in national, regional and UN legal systems are indeterminate legal concepts whose linguistic, jurisprudential and doctrinal meaning needs to be reviewed and clarified through democratic, judicial and also academic methods. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions, as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on more than 35 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and 40 years of academic teaching experiences, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers, ' 'democratic principals' and main 'republican actors, ' who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable. *** "This book provides a treasure chest of ideas, conceptualizations and insights, all geared towards critically rethinking international law so that it can better fulfil its purpose: to overcome the limits of statehood and establish a legitimate constitutional framework for the establishment of justice and the supply of public goods globally." --Professor Dr. Mattias Kumm, Humboldt University Berlin (Germany) and New York University (USA) *** .."..Petersmann is that rare legal philosopher who combines original insight and analysis with an ability to weave together important streams of scholarship in international law, democratic theory, and public economics. With its careful exposition of 'cosmopolitan constitutionalism', this book changes the game." --Professor Steve Charnovitz, George Washington University (USA) Subject: Public International Law, Constitutional & Administrative Law, Comparative Law]