Multilevel Constitutionalism For Multilevel Governance Of Public Goods: Methodology Problems In International Law - 9781509909124

Introduction: From Democratic and Republican to Cosmopolitan Constitutionalism in Multilevel Governance of Public Goods I. Overview II. Does Multilevel Governance Require Multilevel Constitutionalism? III. Why 'Globalization' Requires Constitutionalizing Multilevel Governance of Public Goods for the Benefit of Citizens IV. Constitutional Failures of 'Disconnected' UN, WTO and EU Governance 1. Human Rights, 'Constitutional' Treaty Interpretation and Judicial Protection of Individual Rights in Multilevel Governance of Public Goods I. Introduction II. The Customary Law Requirement of Treaty Interpretation and Adjudication in Conformity with 'Principles of Justice' III. Legal Fragmentation and Reintegration as Dialectic Methods for Reconciling 'Principles of Justice' and Developing International Law IV. Global Democracy? Human Rights Require 'Connecting Constituent and Constituted Powers' through 'Cosmopolitan Constitutionalism' V. Constitutionalizing UN/WTO Governance through Judicial Protection of Cosmopolitan Rights? Failures of the EU's 'Cosmopolitan Foreign Policy Constitution' VI. Conclusion: Multilevel Governance Must Promote the 'Six-Stage Sequence' of Democratic, Republican and Cosmopolitan Constitutionalism 2. Constituting, Limiting, Regulating and Justifying Multilevel Governance through Multilevel 'Republican Constitutionalism' I. The Gap Between Theory and Practice in Multilevel Governance of Global Public Goods II. 'Collective Action Problems' and Comparative Institutional Analyses: Examples from Multilevel Economic and Environmental Governance III. How to Move from the 'Washington Consensus' to the 'Geneva Consensus' in Multilevel Governance of Public Goods? The Example of the WHO Framework Convention on Tobacco Control IV. How to 'Constitutionalize' Multilevel Trade Governance beyond the EU and EEA? Failures of Transatlantic Free Trade Agreements V. Conclusion: Courts of Justice Must Promote Legal Consistency in Multilevel Dispute Settlement in Conformity with Cosmopolitan Rights 3. Civilizing and Constitutionalizing 'Disconnected' UN, WTO and EU Governance Require 'Cosmopolitan Constitutionalism': Legal Methodology Challenges I. From 'Constitutionalism 1.0' to 'Constitutionalism 4.0' II. Four 'Constitutional Functions' of Cosmopolitan Rights and the Emergence of 'Cosmopolitan International Law' III. Need for Integrating the Competing Conceptions of International Economic Law: From Fragmentation to Convergence in International Law IV. Successful 'Constitutionalization' of 'Disconnected Diplomatic Governance' through Reforms of International Investment Law? V. Market Citizens, State Citizens and Cosmopolitan Citizens: Looking for 'Hercules' in 'Discourse Justifications' of Multilevel Governance VI. Conclusion: Lessons from Democratic, Republican and Cosmopolitan Constitutionalism.

• | Author: Ernst Ulrich Petersmann
• | Publisher: Hart Publishing
• | Publication Date: Jan 12, 2017
• | Number of Pages: 416 pages
• | Language: English
• | Binding: Hardcover/Law
• | ISBN-10: 1509909125
• | ISBN-13: 9781509909124