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The European Crisis and the Transformation of Transnational Governance - Authoritarian Managerialism versus Democratic... The European Crisis and the Transformation of Transnational Governance - Authoritarian Managerialism versus Democratic Governance (Hardcover)
Christian Joerges, Carola Glinski
R4,392 Discovery Miles 43 920 Ships in 12 - 17 working days

The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism" is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problematique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

Transnational Governance and Constitutionalism (Hardcover, New): Christian Joerges, Inger-Johanne Sand, Gunther Teubner Transnational Governance and Constitutionalism (Hardcover, New)
Christian Joerges, Inger-Johanne Sand, Gunther Teubner
R4,716 Discovery Miles 47 160 Ships in 12 - 17 working days

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets (Hardcover, New): Christian Joerges, Josef Falke Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets (Hardcover, New)
Christian Joerges, Josef Falke
R3,421 Discovery Miles 34 210 Ships in 12 - 17 working days

The patterns and impact of globalization have become a common concern of all international jurists, sociologists, political scientists, and philosophers. Many have observed the erosion of the powers of nation states and the emergence of new transnational governance regimes, and seek to understand their internal dynamics, re-regulatory potential, and normative quality. Karl Polanyi's seminal book - The Great Transformation - is attracting new attention to such endeavors, mirroring a growing sensitivity to the social and economic risks of dis-embedding politics. Their re-construction by Polanyi - including his warning against a commodification of labor, land, and money - provide the trans-disciplinary reference point for the contributions to this book. Political economy, political theory, sociology, and political science inform this discussion of Polanyi's insights in the age of globalization. Further theoretical essays and case studies look at his 'false commodities': money, labor (and services), and land (and the environment). Jurists have hardly ever discussed Polanyi, and the law has not been taken very seriously among 'Polanyians.' It is nevertheless clear that economic stability and social protection are simply inconceivable without the visible hand of law. The legal discussion in this book's concluding chapters do not, and cannot, depart directly from such premises. The framework of their analyses is, instead, informed by current debates on the emergence of para-legal regimes, the fragmentation of international law, and the prospects of constitutional perspectives within which the rule of law and the notion of law-mediated legitimate governance are established. Polanyi's notion of the co-originality of dis-embedding moves and re-imbedding countermoves can, however, be usefully employed in the re-construction of the sociological background of the moves and tensions which jurists discern.

Conflict and Transformation - Essays on European Law and Policy (Hardcover): Christian Joerges Conflict and Transformation - Essays on European Law and Policy (Hardcover)
Christian Joerges
R3,755 Discovery Miles 37 550 Ships in 12 - 17 working days

In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the "integration through law" ideology. Secondly, the book sets out the systematic neglect of "the economic" and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

Darker Legacies of Law in Europe - The Shadow of National Socialism and Fascism over Europe and its Legal Traditions... Darker Legacies of Law in Europe - The Shadow of National Socialism and Fascism over Europe and its Legal Traditions (Hardcover, Uk Ed.)
Christian Joerges, Navraj Singh Ghaleigh; Prologue by Michael Stolleis; Epilogue by Joseph Weiler
R5,047 Discovery Miles 50 470 Ships in 12 - 17 working days

The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewaltigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.

Ordoliberalism, Law and the Rule of Economics (Hardcover): Josef Hien, Christian Joerges Ordoliberalism, Law and the Rule of Economics (Hardcover)
Josef Hien, Christian Joerges
R4,058 Discovery Miles 40 580 Ships in 12 - 17 working days

Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany's crisis politics. In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.

Law, Democracy and Solidarity in a Post-national Union - The unsettled political order of Europe (Paperback): Erik Oddvar... Law, Democracy and Solidarity in a Post-national Union - The unsettled political order of Europe (Paperback)
Erik Oddvar Eriksen, Christian Joerges, Florian Roedl
R1,049 R928 Discovery Miles 9 280 Save R121 (12%) Ships in 12 - 17 working days

To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the 'constitutional crisis': The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.

Constitutionalism, Multilevel Trade Governance and Social Regulation (Hardcover): Christian Joerges, Ernst-Ulrich Petersmann Constitutionalism, Multilevel Trade Governance and Social Regulation (Hardcover)
Christian Joerges, Ernst-Ulrich Petersmann
R5,723 Discovery Miles 57 230 Ships in 12 - 17 working days

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".

The End of the Eurocrats' Dream - Adjusting to European Diversity (Paperback): Damian Chalmers, Markus Jachtenfuchs,... The End of the Eurocrats' Dream - Adjusting to European Diversity (Paperback)
Damian Chalmers, Markus Jachtenfuchs, Christian Joerges
R1,119 Discovery Miles 11 190 Ships in 12 - 17 working days

This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyse these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.

Law, Democracy and Solidarity in a Post-national Union - The unsettled political order of Europe (Hardcover): Erik Oddvar... Law, Democracy and Solidarity in a Post-national Union - The unsettled political order of Europe (Hardcover)
Erik Oddvar Eriksen, Christian Joerges, Florian Roedl
R3,432 R2,754 Discovery Miles 27 540 Save R678 (20%) Ships in 12 - 17 working days

To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the 'constitutional crisis': The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.

Law and Governance in Postnational Europe - Compliance Beyond the Nation-State (Hardcover): Michael Zurn, Christian Joerges Law and Governance in Postnational Europe - Compliance Beyond the Nation-State (Hardcover)
Michael Zurn, Christian Joerges
R2,584 R2,144 Discovery Miles 21 440 Save R440 (17%) Ships in 12 - 17 working days

This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.

The Economy as a Polity: The Political Constitution of Contemporary Capitalism (Paperback, New): Christian Joerges The Economy as a Polity: The Political Constitution of Contemporary Capitalism (Paperback, New)
Christian Joerges
R1,302 Discovery Miles 13 020 Ships in 12 - 17 working days

The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about 'the rise and fall of market society', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter. In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation. Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.

Law and Governance in Postnational Europe - Compliance Beyond the Nation-State (Paperback): Michael Zurn, Christian Joerges Law and Governance in Postnational Europe - Compliance Beyond the Nation-State (Paperback)
Michael Zurn, Christian Joerges
R948 Discovery Miles 9 480 Ships in 12 - 17 working days

This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.

Zum Funktionswandel Des Kollisionsrechts - Die "Governmental Interest Analysis" Und Die "Krise Des Internationalen... Zum Funktionswandel Des Kollisionsrechts - Die "Governmental Interest Analysis" Und Die "Krise Des Internationalen Privatrechts" (German, Hardcover, Reprint 2020 ed.)
Christian Joerges
R3,374 Discovery Miles 33 740 Ships in 10 - 15 working days
Beyond the Crisis - The Governance of Europe's Economic, Political and Legal Transformation (Hardcover): Mark Dawson,... Beyond the Crisis - The Governance of Europe's Economic, Political and Legal Transformation (Hardcover)
Mark Dawson, Henrik Enderlein, Christian Joerges
R2,373 Discovery Miles 23 730 Ships in 12 - 17 working days

In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume- the third in a series of annual editions tackling different aspects of governance- examines the long list of open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different academic disciplines to bear on the functional aspects of economic governance, the institutional transformations that have taken place, and their implications for the Union's legitimacy. A separate chapter looks at inequalities in perceptions of economic conditions and well-being within the European Union to identify trends particularly during the eurozone crisis. In doing so, the chapters in this volume take stock of the current situation, shed light on the dilemmas and challenges that must be recognised and addressed, and explore various options for the way ahead. The collection's ultimate goal is to assess whether the recent transformations lead EU governance in the right direction or require further adjustment.

The End of the Eurocrats' Dream - Adjusting to European Diversity (Hardcover): Damian Chalmers, Markus Jachtenfuchs,... The End of the Eurocrats' Dream - Adjusting to European Diversity (Hardcover)
Damian Chalmers, Markus Jachtenfuchs, Christian Joerges
R1,132 R1,028 Discovery Miles 10 280 Save R104 (9%) Ships in 12 - 17 working days

This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyse these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.

Good Governance in Europe's Integrated Market (Hardcover): Christian Joerges, Renaud Dehousse Good Governance in Europe's Integrated Market (Hardcover)
Christian Joerges, Renaud Dehousse
R3,887 R2,992 Discovery Miles 29 920 Save R895 (23%) Ships in 12 - 17 working days

Over the last decade, the EU has become a major actor in the field of risk regulation in crucial areas such as environmental and consumer protection. This book analyzes the reasons which have prompted this development, and discusses the ways in which the EU's structures and modes of market governance have changed and attempted to respond to such challenges.

"Schmerzliche Erfahrungen der Vergangenheit" und der Prozess der Konstitutionalisierung Europas (German, Paperback, 2008 ed.):... "Schmerzliche Erfahrungen der Vergangenheit" und der Prozess der Konstitutionalisierung Europas (German, Paperback, 2008 ed.)
Christian Joerges, Matthias Mahlmann, Ulrich K. Preuss
R2,342 Discovery Miles 23 420 Ships in 10 - 15 working days

Der Fortschritt der Integration und die Erweiterung der Union haben das Projekt einer Verfassungsgebung fur Europa motiviert. Unabhangig vom Schicksal des von den Staats- und Regierungschefs i.J. 2004 verabschiedeten Verfassungsvertrages bleibt die Suche nach einer konstitutionellen Form der Union auf der Tagesordnung der Europapolitik. Die geschichtliche Bestimmtheit der europaischen Integration und die sich aus ihr ergebenden Belastungen sind in diesen Debatten kaum ausdrucklich thematisiert worden. Der Band bringt die Gegenwart der Vergangenheit Europas in Beitragen von Juristen, Historikern und Sozialwissenschaftlern zur Sprache. Europa werde um die Auseinandersetzungen mit seiner Vergangenheit nicht umhin kommen, lautet ein Leitmotiv der Beitrage. Diese Prozesse und ihre Ambivalenzen sind kaum beherrschbar. Es kommt umso mehr darauf an, Formen der Aufarbeitung der Vergangenheit zu finden, in denen das europaische Projekt eine neue soziale Akzeptanz gewinnt.

The European Crisis and the Transformation of Transnational Governance - Authoritarian Managerialism versus Democratic... The European Crisis and the Transformation of Transnational Governance - Authoritarian Managerialism versus Democratic Governance (Paperback)
Christian Joerges, Carola Glinski
R2,717 Discovery Miles 27 170 Ships in 10 - 15 working days

The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism" is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problematique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

Conflict and Transformation - Essays on European Law and Policy: Christian Joerges Conflict and Transformation - Essays on European Law and Policy
Christian Joerges
R2,034 Discovery Miles 20 340 Ships in 10 - 15 working days

In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

EU Committees - Social Regulation, Law and Politics (Hardcover): Christian Joerges, Ellen Vos EU Committees - Social Regulation, Law and Politics (Hardcover)
Christian Joerges, Ellen Vos
R4,120 Discovery Miles 41 200 Ships in 12 - 17 working days

One of the striking features of the European Community's regulatory regimes is the role assigned to committees at all stages of the preparation of new measures and the implementation of its policies. Despite their obvious importance in the European polity, the 'comitology' of the EC has been understudied and poorly understood. This book fills a number of gaps in the literature by bringing together legal, political and policy analysts to examine the emergence of the committee role. For the European Parliament comitology represents obstacles to its own participation in policy making. For lawyers comitology is indicative of a strengthening of the administrative branch of government which seems to be evading parliamentary control and susceptibility to judicial review. These are the issues discussed and analysed in this book of original essays.

Ordoliberalism, Law and the Rule of Economics (Paperback): Josef Hien, Christian Joerges Ordoliberalism, Law and the Rule of Economics (Paperback)
Josef Hien, Christian Joerges
R1,793 Discovery Miles 17 930 Ships in 10 - 15 working days

Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany's crisis politics. In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.

Constitutionalism, Multilevel Trade Governance and International Economic Law (Paperback, Revised): Christian Joerges,... Constitutionalism, Multilevel Trade Governance and International Economic Law (Paperback, Revised)
Christian Joerges, Ernst-Ulrich Petersmann
R2,781 Discovery Miles 27 810 Ships in 10 - 15 working days

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.

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