Constitutionalism, Multilevel Trade Governance and Social Regulation

by Christian Joerges, Ernst-Ulrich Petersmann

Overview

This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. The book takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analysis by scholars of international law, European and international economic law, private international law, international relations theory, and social philosophy to examine the interdependence of multilevel governance in transnational economic, social, environmental, and legal relations. Two complementary strands of theorizing are expounded. One argues that globalization 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 emphasizes 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, politicians, and non-governmental actors. Inquiries into the generation of international standards and empirical analysis of legalization 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 legitimizes 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'.

Product Details

ISBN-13:	9781841136653
Publisher:	Hart Publishing (UK)
Publication date:	10/01/2006
Series:	Studies in International Trade Law
Edition description:	New Edition
Pages:	554
Product dimensions:	6.50(w) x 9.10(h) x 1.70(d)

Table of Contents

Preface and Acknowledgements v

List of Contributors xi

Abbreviations xvii

Introduction and Overview xxi

Section I International Trade Law: Constitutionalisation and Judicialisation in the WTO and Beyond 1

Section I.1 Constitutionalisation and the WTO: Two Competing Visions from Two Different Disciplines 3

1 Multilevel Trade Governance in the WTO Requires Multilevel Constitutionalism Ernst-Ulrich Petersmann 5

2 Democratize Legitimacy of Transnational Trade Governance A View from Political Theory Patrizia Nanz 59

Section I.2 Judicialisation: Empirical Inquiries and Constitutional Concerns 83

3 Dispute Settlement under GATT and WTO: An Empirical Enquiry into a Regime Change Achim Helmedach Bernhard Zangl 85

4 The Appellate Body's 'Response' to the Tensions and Interdependencies Between Transnational Trade Governance and Social Regulation Christiane Gerstetter 111

Section I.3 Participatory Governance: Emerging Patterns and their Juridification 133

5 Why Co-operate? Civil Society Participation at the WTO Jens Steffek Claudia Kissling 135

6 Participatory Transnational Governance Rainer Nickel 157

Section I.4 Legalisation Patterns outside the WTO 197

7 Non-Traditional Patterns of Global Regulation: Is the WTO 'Missing the Boat'? Joost Pauwelyn 199

8 Conflicts and Comity in Transnational Governance: Private International Law as Mechanism and Metaphor for Transnational Social Regulation through Plural Legal Regimes Robert Wai 229

Section II Transnational Governance Arrangements for Product Safety 263

Section II.1 Food Safety Regulation: the SPS Agreement and the Codex Alimentarius 265

9 Fixing the Codex? Global Food-SafetyGovernance Under Review Thorsten Huller Matthias Leonhard Maier 267

10 The Precautionary Principle in Support of Practical Reason: an Argument Against Formalistic Interpretations of the Precautionary Principle Alexia Herwig 301

11 Beyond the Science/Democracy Dichotomy: The World Trade Organisation Sanitary and Phytosanitary Agreement and Administrative Constitutionalism Elizabeth Fisher 327

12 Administrative Globalisation and Curbing the Excesses of the State Damian Chalmers 351

Section II.2 The TBT Agreement and International Standardisation 381

13 A New Device for creating International Legal Normativity: The WTO Technical Barriers to Trade Agreement and 'International Standards' Robert Howse 383

14 The Empire's Drains: Sources of Legal Recognition of Private Standardisation under the TBT Agreement Harm Schepel 397

Section III The WTO and Transnational Environmental Governance 411

15 Global Environmental Governance and the WTO: Emerging Rulesthrough Evolving Practice: The CBD-Bonn Guidelines Christine Godt 413

16 Environmental Policies and the WTO Committee on Trade and Environment: A Record of Failure? Ulrike Ehling 437

17 Facing the Global Hydra: Ecological Transformation at the Global Financial Frontier: The Ambitious Case of the Global Reporting Initiative Oren Perez 459

Section IV Epilogue 489

18 Constitutionalism in Postnational Constellations: Contrasting Social Regulation in the EU and in the WTO Christian Joerges 491

Index 529