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31 produkter

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31 produkter

Human Rights in International Investment Law and Arbitration
AvFrancesco Francioni,Ernst-Ulrich Petersmannm. fl.
E-bok
Engelska, 2009
708 kr
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This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to internationalinvestment law.Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number ofarbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretationmethods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not onlythe still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of theprinciples of justice as defined by national and international law.
Transforming World Trade and Investment Law for Sustainable Development
AvErnst-Ulrich Petersmann
E-bok
PDF, Engelska, 2022
1 339 kr
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Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"--aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)--requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries'' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China''s authoritarian state-capitalism, and many developing countries'' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Transforming World Trade and Investment Law for Sustainable Development
AvErnst-Ulrich Petersmann
E-bok
Engelska, 2022
1 339 kr
Läs direkt efter köp
Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"--aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)--requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries'' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China''s authoritarian state-capitalism, and many developing countries'' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Transforming World Trade and Investment Law for Sustainable Development
AvErnst-Ulrich Petersmann
Inbunden, Engelska, 2022
1 531 kr
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Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"--aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)--requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Transatlantic Economic Disputes
The EU, the US, and the WTO
AvErnst-Ulrich Petersmann,Mark A. Pollack
Inbunden, Engelska, 2003
4 435 kr
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Recent transatlantic relations have been plagued by a seemingly endlessseries of disputes over trade and other economic and political interests.Some of these disputes have been amongst the most prominent of the WTO era:the Bananas Case, the Beef Hormones Case and over the application of theHelms-Burton Act. This book analyzes the source of transatlantic disputes, the meansemployed to prevent and settle such disputes both bilaterally and throughthe dispute settlement mechanism of the of the WTO, and to identifypromising areas for reform.This book begins with a survey of transatlantic governance and disputesettlement problems. Part II analyzes 14 case-studies of transatlanticeconomic and regulatory disputes written by leading EU and US experts. Theanalytical papers in Part III examine the disputes in the broader context oflegal, economic and political theories of dispute prevention and disputesettlement. Part IV offers policy recommendations from EU and USpolicy-makers and academics. Most of the more than 20 contributors concludethat joint EU-US leadership in multilateral institutions (e.g. for tradeliberalization, dispute prevention and dispute settlement in the WTO) offersadvantages over bilateral approaches. By contrast, a potentialtransatlantic free-trade association (TAFTA) remains a second-best approachwhich might not prevent many of the transatlantic disputes over internaltrade-related domestic policies. Transatlantic initiatives e.g. forregulatory cooperation and citizen-oriented institutional reforms can,however, serve as precedents for multilateral reforms (e.g. of WTO rules).
Transatlantic Economic Disputes
The EU, the US, and the WTO
AvErnst-Ulrich Petersmann,Mark A. Pollack
Häftad, Engelska, 2003
1 222 kr
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Contemporary transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and the application of the Helms-Burton Act. This book analyses the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and promising areas for reform. The book begins with a survey of transatlantic governance and dispute settlement problems. Part II analyses 14 case studies of transatlantic economic and regulatory disputes written by leading EU and US experts. The analytical papers in Part III examine the disputes in the broader context of legal, economic and political theories of dispute prevention and dispute settlement, and part IV offers policy recommendations from EU and US policy-makers and academics.
Reforming the World Trading System
Legitimacy, Efficiency, and Democratic Governance
AvJames Harrison,Ernst-Ulrich Petersmann
Inbunden, Engelska, 2005
2 545 kr
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The 1994 agreement establishing the World Trade Organization (WTO) regulates over 95% of world trade amongst 148 member countries. The November 2001 Declaration of the Fourth Ministerial Conference of the WTO in Doha, Quatar, has launched the Doha Development Round of multilateral trade negotiations in the WTo on 21 topics aimed at far-reaching reforms of the world trading system. On August 1st 2004, the WTO General Council reached agreement on a detailed Doha Work program with the aim of concluding negotiations in 2006.This volume provides discussion and policy recommendations by leading WTO negotiators and policy-makers, and analysis by leading economists, political scientists and trade lawyers on the major subjects of the Doha Round negotiations. Over 30 contributors explore the complexity of the world trading system and of the WTO negotiations for its reform from diverse political, economic and legal perspectives.
Reforming the World Trading System
Legitimacy, Efficiency, and Democratic Governance
AvJames Harrison,Ernst-Ulrich Petersmann
Häftad, Engelska, 2005
1 792 kr
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The 1994 agreement establishing the World Trade Organization (WTO) regulates over 95% of world trade amongst 148 member countries. The November 2001 Declaration of the Fourth Ministerial Conference of the WTO in Doha, Quatar, has launched the Doha Development Round of multilateral trade negotiations in the WTo on 21 topics aimed at far-reaching reforms of the world trading system. On August 1st 2004, the WTO General Council reached agreement on a detailed Doha Work program with the aim of concluding negotiations in 2006. This volume provides discussion and policy recommendations by leading WTO negotiators and policy-makers, and analysis by leading economists, political scientists and trade lawyers on the major subjects of the Doha Round negotiations. Over 30 contributors explore the complexity of the world trading system and of the WTO negotiations for its reform from diverse political, economic and legal perspectives.
Human Rights in International Investment Law and Arbitration
AvPierre-Marie Dupuy,Ernst-Ulrich Petersmannm. fl.
Inbunden, Engelska, 2009
4 143 kr
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This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.
Human Rights in International Investment Law and Arbitration
AvPierre-Marie Dupuy,Ernst-Ulrich Petersmannm. fl.
Häftad, Engelska, 2009
1 204 kr
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This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.
Constitutional Functions And Constitutional Problems Of International Economic Law
AvErnst-Ulrich Petersmann
Inbunden, Engelska, 2019
2 422 kr
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This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.
Constitutional Functions And Constitutional Problems Of International Economic Law
AvErnst-Ulrich Petersmann
Häftad, Engelska, 2020
667 kr
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This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.
Constitutional Functions And Constitutional Problems Of International Economic Law
AvErnst-Ulrich Petersmann
E-bok
PDF, Engelska, 2019
727 kr
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This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.
Constitutional Functions And Constitutional Problems Of International Economic Law
AvErnst-Ulrich Petersmann
E-bok
Engelska, 2019
725 kr
Läs direkt efter köp
This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.
Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
AvErnst Ulrich Petersmann
E-bok
PDF, Engelska, 2017
694 kr
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This is the first legal monograph analysing multilevel governance of global ''aggregate public goods'' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism 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. ''Constitutional approaches'' are justified by the universal recognition of human rights and by the need to protect ''human rights'', ''rule of law'', ''democracy'' and other ''principles of justice'' that are used in national, regional and UN legal systems as indeterminate legal concepts. 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 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, 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.
Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
AvErnst Ulrich Petersmann
E-bok
Engelska, 2017
694 kr
Läs direkt efter köp
This is the first legal monograph analysing multilevel governance of global ''aggregate public goods'' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism 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. ''Constitutional approaches'' are justified by the universal recognition of human rights and by the need to protect ''human rights'', ''rule of law'', ''democracy'' and other ''principles of justice'' that are used in national, regional and UN legal systems as indeterminate legal concepts. 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 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, 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.
Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
AvErnst Ulrich Petersmann
Inbunden, Engelska, 2017
1 412 kr
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This is the first legal monograph analysing multilevel governance of global ‘aggregate public goods’ (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism 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. 'Constitutional approaches’ are justified by the universal recognition of human rights and by the need to protect ‘human rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are used in national, regional and UN legal systems as indeterminate legal concepts. 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 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, 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.
Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
AvErnst Ulrich Petersmann
Häftad, Engelska, 2019
645 kr
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This is the first legal monograph analysing multilevel governance of global ‘aggregate public goods’ (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism 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. 'Constitutional approaches’ are justified by the universal recognition of human rights and by the need to protect ‘human rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are used in national, regional and UN legal systems as indeterminate legal concepts. 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 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, 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.
Constitutionalism, Multilevel Trade Governance and Social Regulation
AvChristian Joerges,Ernst-Ulrich Petersmann
Inbunden, Engelska, 2006
2 306 kr
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This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade.The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".
Constitutionalism, Multilevel Trade Governance and Social Regulation
AvChristian Joerges,Ernst-Ulrich Petersmann
E-bok
PDF, Engelska, 2006
2 499 kr
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This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors'' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda.The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".
International Economic Law in the 21st Century
Constitutional Pluralism and Multilevel Governance of Interdependent Public Goods
AvErnst-Ulrich Petersmann
E-bok
Engelska, 2012
1 527 kr
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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.
International Economic Law in the 21st Century
Constitutional Pluralism and Multilevel Governance of Interdependent Public Goods
AvErnst-Ulrich Petersmann
Häftad, Engelska, 2012
1 412 kr
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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.
Constitutionalism, Multilevel Trade Governance and International Economic Law
AvChristian Joerges,Ernst-Ulrich Petersmann
Häftad, Engelska, 2011
964 kr
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This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, conflict of laws, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental 'society of states' into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements that respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalisation and judicialisation practices form part of this agenda.The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational 'cosmopolitan democracy'. This second paperback edition replaces Chapters 15 to 18 of the first edition published in 2006 by four new chapters examining the alternative conceptions of 'International Economic Law' and 'Multilevel Governance' from diverse public and private, national and international law perspectives.
Recht Zwischen Umbruch und Bewahrung
Veolkerrecht, Europarecht, Staatrecht : Festschrift feur Rudolf Bernhardt
AvUlrich Beyerlin,Michael Bothem. fl.
Inbunden, Engelska, 1995
470 kr
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Del 120 - Beiträge zum ausländischen öffentlichen Recht und Völkerrecht
Recht zwischen Umbruch und Bewahrung
Völkerrecht · Europarecht · Staatsrecht Festschrift für Rudolf Bernhardt
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG
2012
1 100 kr
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In der Festschrift behandeln anerkannte in- und ausländische Vertreter aus Wissenschaft und Praxis Probleme des Völkerrechts, Europarechts und Staatsrechts, denen sich der Jubilar in seinem beruflichen Wirken als Wissenschaftler und internationaler Richter schwerpunktmäßig gewidmet hat.Die 78 Beiträge in deutscher, englischer und französischer Sprache sind in sieben Sachrubriken geordnet:- Quellen und Grundfragen des Völkerrechts,- Menschenrechte im Staats- und Völkerrecht,- Internationale Streitbeilegung,- Staatsrecht und internationale Beziehungen,- Internationales Umweltrecht,- Internationales Wirtschaftsrecht,- Europäische Integration.
Del 16 - World Trade Institute Advanced Studies
Constitutionalism and Transnational Governance Failures
AvErnst-Ulrich Petersmann
Inbunden, Engelska, 2024
2 116 kr
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This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law?"This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism."Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)
WTO Dispute Settlement System 1995-2003
AvErnst-Ulrich Petersmann,Federico Ortino
E-bok
PDF, Engelska, 2004
3 926 kr
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In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ¿ordinary meaning¿ of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the ¿legislative¿ and ¿(quasi) judicial¿ activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.
New GATT Round of Multilateral Trade Negotiations
Legal and Economic Problems
AvMeinhard Hilf,Ernst-Ulrich Petersmann
E-bok
PDF, Engelska, 1991
6 245 kr
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The New GATT Round of Multilateral Trade Negotiations
International Trade Law and the GATT/WTO Dispute Settlement System
AvErnst-Ulrich Petersmann
E-bok
PDF, Engelska, 1982
5 966 kr
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Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice.
Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices.
Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement.
Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.
National Constitutions and International Economic Law
AvErnst-Ulrich Petersmann,Meinhard Hilf
E-bok
PDF, Engelska, 1981
6 176 kr
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This book comprises contributions from leading practitioners and scholars in relation to national constitutions and international economic law and the conflicts that may arise.

Ernst-Ulrich Petersmann – författare

Human Rights in International Investment Law and Arbitration

Transforming World Trade and Investment Law for Sustainable Development

Transforming World Trade and Investment Law for Sustainable Development

Transforming World Trade and Investment Law for Sustainable Development

Transatlantic Economic Disputes

Transatlantic Economic Disputes

Reforming the World Trading System

Reforming the World Trading System

Human Rights in International Investment Law and Arbitration

Human Rights in International Investment Law and Arbitration

Constitutional Functions And Constitutional Problems Of International Economic Law

Constitutional Functions And Constitutional Problems Of International Economic Law

Constitutional Functions And Constitutional Problems Of International Economic Law

Constitutional Functions And Constitutional Problems Of International Economic Law

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Constitutionalism, Multilevel Trade Governance and Social Regulation

Constitutionalism, Multilevel Trade Governance and Social Regulation

International Economic Law in the 21st Century

International Economic Law in the 21st Century

Constitutionalism, Multilevel Trade Governance and International Economic Law

Recht Zwischen Umbruch und Bewahrung

Recht zwischen Umbruch und Bewahrung

Constitutionalism and Transnational Governance Failures

WTO Dispute Settlement System 1995-2003

New GATT Round of Multilateral Trade Negotiations

International Trade Law and the GATT/WTO Dispute Settlement System

National Constitutions and International Economic Law