Andreas Follesdal - Böcker

The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified?Follesdal and Ulfstein bring together the crème de la crème of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory.The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders:* European values, especially the legitimate role of alleged common values* liberty and powers - how does the draft Constitution address competing normative preferences?* the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory.The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders:* European values, especially the legitimate role of alleged common values* liberty and powers - how does the draft Constitution address competing normative preferences?* the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

'Subsidiarity' is vague and contested, yet popular in scholarship about international law due to its role in the European Union (EU). Which conceptions of subsidiarity are more justifiable, and how might they contribute to international law? A principle of subsidiarity concerns how to establish, allocate, or use authority within a social or legal order, stating a rebuttable presumption for the local. Various historical patterns, practices, principles, and justifications offer different recommendations. Seven normative theories vary in how immunity protecting or person promoting they are. The latter appear more justifiable and withstand criticism often raised against subsidiarity. Some conceptions of person promoting subsidiarity serve as a structuring principle for international law and fullfills several criteria of a general principle of law. It can harmonize domestic and international law but is not sufficient to reduce fragmentation among sectors with different objectives.

How can businesses and their shareholders avoid moral and legal complicity in human rights violations? This central and contemporary issue in the field of ethics, politics and law is of concern to intergovernmental organizations such as the UN and to many NGOs, as well as investors and employees. In this volume legal scholars and political philosophers identify and address the intertwined issues of moral and legal complicity in human rights violations by companies and those who invest in them. By describing the legal aspects of human rights violations in the corporate sphere, addressing the complicity of companies with regard to such norms and exploring the influence of investors, the book provides a thorough introduction to corporate social responsibility. Human Rights, Corporate Complicity and Disinvestment will set the research agenda on socially responsible investment for years to come.

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.

'Subsidiarity' is vague and contested, yet popular in scholarship about international law due to its role in the European Union (EU). Which conceptions of subsidiarity are more justifiable, and how might they contribute to international law? A principle of subsidiarity concerns how to establish, allocate, or use authority within a social or legal order, stating a rebuttable presumption for the local. Various historical patterns, practices, principles, and justifications offer different recommendations. Seven normative theories vary in how immunity protecting or person promoting they are. The latter appear more justifiable and withstand criticism often raised against subsidiarity. Some conceptions of person promoting subsidiarity serve as a structuring principle for international law and fullfills several criteria of a general principle of law. It can harmonize domestic and international law but is not sufficient to reduce fragmentation among sectors with different objectives.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

The volume at hand contains invited papers addressing the normative is- sues of democracy and the European Union. Most papers were fIrst discussed at the conference "Democracy and the European Union", held in Oslo on Au- gust 8-10, 1996, with the support of the Norwegian research programme Ad- vanced Research on the Europeanisation of the Nation-State (ARENA). The editors wish to thank the organisers and participants of the Oslo con- ference. They are grateful to Kristin Johansen and Simen Brrein for managing the conference, to Anna Maria Hauk and Victoria Pogosian for professional assistance with the manuscript, and to Andreas Holm Bakke and Torstein Buggeland for generating the index. Hannover, Germany, and Oslo, Norway, May 1997 Peter Koslowski Andreas F011esdal Contents Preface ...V PETER KOSWWSKI, ANDREAS F0LlESDAL Democracy and the European Union: Challenges ANDREAS F0LlESDAL...1 Part A EU Institutions Chapter 1 Is it Really Possible to Democratize the Euro-Polity? PHILIPPE C. SCHMITTER ...13 Chapter 2 Democracy and Governance in the European Union MARKUS JACHTENFUCHS ...37 Chapter 3 Democratic Legitimacy and the Role of the Commission JANNE:HAALAND MA'ILARY ...*...**. *. *...65 CONTENTS Chapter 4 The EU Intergovernmental Conference 1996/97: The Moment of Constitutional Choice for a Democratic Europe? MICHAEL NENTWICH ...81 Chapter 5 Double Asymmetry as Normative Challenge SVERKERGUSTAVSSON ...108 PartB Historical and Comparative Perspectives Chapter 6 Democracy in Multicultural Societies and Multinational Settings RUSSELL L. HANSON ...135 Chapter 7 How to Create Supra-National Institutions Democratically.

The volume at hand contains invited papers addressing the normative is- sues of democracy and the European Union. Most papers were fIrst discussed at the conference "Democracy and the European Union", held in Oslo on Au- gust 8-10, 1996, with the support of the Norwegian research programme Ad- vanced Research on the Europeanisation of the Nation-State (ARENA). The editors wish to thank the organisers and participants of the Oslo con- ference. They are grateful to Kristin Johansen and Simen Brrein for managing the conference, to Anna Maria Hauk and Victoria Pogosian for professional assistance with the manuscript, and to Andreas Holm Bakke and Torstein Buggeland for generating the index. Hannover, Germany, and Oslo, Norway, May 1997 Peter Koslowski Andreas F011esdal Contents Preface ...V PETER KOSWWSKI, ANDREAS F0LlESDAL Democracy and the European Union: Challenges ANDREAS F0LlESDAL...1 Part A EU Institutions Chapter 1 Is it Really Possible to Democratize the Euro-Polity? PHILIPPE C. SCHMITTER ...13 Chapter 2 Democracy and Governance in the European Union MARKUS JACHTENFUCHS ...37 Chapter 3 Democratic Legitimacy and the Role of the Commission JANNE:HAALAND MA'ILARY ...*...**. *. *...65 CONTENTS Chapter 4 The EU Intergovernmental Conference 1996/97: The Moment of Constitutional Choice for a Democratic Europe? MICHAEL NENTWICH ...81 Chapter 5 Double Asymmetry as Normative Challenge SVERKERGUSTAVSSON ...108 PartB Historical and Comparative Perspectives Chapter 6 Democracy in Multicultural Societies and Multinational Settings RUSSELL L. HANSON ...135 Chapter 7 How to Create Supra-National Institutions Democratically.