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Multilevel Constitutionalism for Multilevel Governance of Public Goods - Methodology Problems in International Law (Hardcover)
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Multilevel Constitutionalism for Multilevel Governance of Public Goods - Methodology Problems in International Law (Hardcover)
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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.
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