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International Economic Law in the 21st Century - Constitutional Pluralism and Multilevel Governance of Interdependent Public Goods (Paperback, New)
Loot Price: R3,838
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International Economic Law in the 21st Century - Constitutional Pluralism and Multilevel Governance of Interdependent Public Goods (Paperback, New)
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Total price: R3,858
Discovery Miles: 38 580
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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.
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