International Economic Law in the 21st Century: Constitutional Pluralism and Multilevel Governance of Interdependent Public Goods
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law.
Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
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The Emergence of Cosmopolitan IEL Based on Respect for Constitutional
Civilizing and Constitutionalizing IEL Requires Cosmopolitan Restraints
Legal and Political Strategies for Making Multilevel Economic Regulation
Regulating the Tragedy of the Commons and Interdependent Public Goods
Transnational Rule of Law Must be Justified by an Overlapping Consensus
The Need for Constitutional Reforms of the Law of International
From Constitutional Nationalism to Multilevel Judicial Protection
Conclusions and Research Agenda for IEL in the TwentyFirst Century
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administrative Article benefit of citizens chapter collective supply competition conceptions constitutional democracies constitutional pluralism constitutional principles constitutional rights constitutionalism consumer welfare cooperation cosmopolitan rights countries decisionmaking deliberative democracy democratic Doha Round domestic ECHR economic law effective EFTA Court environmental European constitutional fundamental rights GATT human rights law human rights obligations ICSID individual rights institutions interests intergovernmental international law international legal international public international trade interpretation investment judicial protection judicial remedies jus cogens justify LDCs legal and judicial legal systems legislative legitimacy liberty limited market failures multilevel constitutional multilevel economic multilevel governance multilevel judicial national and international negotiations nondiscriminatory Petersmann political powers principles of justice promoting property rights public reason Rawls regulatory requires restrictions rightsbased rule of law rulemaking social theories of justice transnational rule treaty UN Charter visàvis worldwide WTO Agreement WTO dispute settlement WTO law WTO members WTO rules