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Constitutionalism and transnational governance failures

Title
Constitutionalism and transnational governance failures / edited by Ernst-Ulrich Petersmann, Armin Steinbach.
ISBN
9789004693715 ;
9004693718
9789004693722 ;
Publication
Leiden ; Boston : Brill/Nijhoff, [2024]
Physical Description
xv, 399 pages : color illustrations ; 25 cm.
Summary
"This Introduction summarizes the contents and explains the methodology of the book and of its main policy conclusions on how constitutional democracies should respond to the increasing governance failures inside and beyond states. All UN member states have employed constitutional law for providing national public goods (pg s) such as protection of the environment; they also participate in multilateral treaties of a higher legal rank and multilevel governance institutions for protecting transnational pg s such as UN rules and institutions for the protection of the environment and human rights. However, international treaty commitments are often not effectively implemented inside UN member states, for instance if UN member states prioritize national communitarian values over internationally binding agreements (e.g. in Anglo-Saxon democracies with parliamentary supremacy); or if they continue being governed by authoritarian governments insisting on the UN Charter principle of 'sovereign equality of states' even if multilateral treaties and human and democratic rights are not effectively protected by governments. The 2030 UN Sustainable Development Agenda (sda) emphasizes the need for international cooperation in protecting 17 universally agreed sustainable development goals (sdg s) based on respect for human rights, democratic governance and rule of-law. Yet, these 'constitutional principles' and sdg s are not effectively protected inside and among many UN member states, especially if their domestic legal systems fail to subject foreign policy powers to effective constitutional restraints"-- Provided by publisher.
Other formats
Online version: Constitutionalism and transnational governance failures Leiden ; Boston : Brill/Nijhoff, 2024
Format
Books
Language
English
Added to Catalog
August 14, 2024
Series
World Trade Institute advanced studies ; v. 16.
World Trade Institute advanced studies ; volume 16
Bibliography
Includes bibliographical references and index.
Contents
Introduction and conclusions of this book / Ernst-Ulrich Petersmann and Armin Steinbach
Constitutional pluralism, regulatory competition, and transnational governance failures / Ernst-Ulrich Petersmann
Constituional economics and transnational governance failures / Armin Steinbach
Constituionalising climate mitigation norms in Europe / Christina Eckes
The EU carbon border adjustment mechanism a transnational governance instrument whose time has come / James Flett
Common but differentiated constituionalisms : does "environmental constitutionalism" offer realistic policy options for improving UN environmental law and governance? US and Latin American perspectives / Erin Daly, Maria Antonia Tigre, and Natalia Urzola
Constituional, governance or market failures : China, climate change, and energy transition / Henry Gao and Weihuan Zhou
Refomring international governance : multilateralism or polylateralism / Pascal Lamy
Transnational governance failures- a business perspective and roadmap for future action / John W.H. Denton AO
U.S. trade multilateralism / Merit E. Janow
Democratic leadership through transatlantic cooperation for trade and technology reforms through the TCC model? Elaine Fahey
Can the WTO dispute settlement system be revived? options for addressing a major governance failure of the World Trade Organisation / Peter van den Bossche
EU and UN proposals for reforming investor-state arbitration / Maria Laura Marceddu
Systemic rivalries and multilevel governance in Asia : a constituional perspective / Julien Chaisse.
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