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Vol 23 No 6 June/July 2018

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Desmith out now
Data protection handbook

Transnational Governance and Constitutionalism

Edited by: Christian Joerges, Inger-Johanne Sand, Gunther Teubner

ISBN13: 9781841134352
ISBN: 184113435X
Published: June 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00

Despatched in 6 to 8 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.

Public International Law
Part 1
Verba Docent: Theoretical Debates
Section I: Transnational Societal Constitutionalism: Two Perspectives
1. Societal Constitutionalism: Alternatives to State-Centred Constitutional Theory?
Gunther Teubner
2. Constitutionalism or Legal Theory: Comments on Gunther Teubner
Thomas Vesting
3. Polycontextuality as an Alternative to Constitutionalism
Inger-Johanne Sand
4. Themis Sapiens: Comments on Inger-Johanne Sand
Andreas Fischer-Lescano
Section II: Two Competing Perspectives on the Legitimacy of Transnational Governance: International Relations Theory and Jurisprudence
5. Sources of Legitimacy Beyond the State: A View from International Relations
Jens Steffek
6. No Legitimacy Without Politics: Comments on Jens Steffek
Agustín José Menéndez
Section III: Transnational Governance and Democracy: Social Philosophy, Political Science, Constitutional Theory
7. Europe at a Crossroads: Government or Transnational Governance?
Erik Oddvar Eriksen and John Erik Fossum
8. Law and Non-Law in the Constitutionalisation of Europe: Comments on Eriksen and Fossum
Michelle Everson
Part 2
Exempla Trahunt: Five Case Studies
9. Constituting Private Governance Regimes: Standards Bodies in American Law
Harm Schepel
10. Law and Constitutionalism in the Mirror of Non-Governmental Standards: Comments on Harm Schepel
Errol Meidinger
11. Transnational Governance Regimes for Foods Derived from Bio-technology and Their Legitimacy
Alexia Herwig
12. Legitimation of Transnational Governance Regimes: Foodstuff Regulation at the WTO: Comments on Alexia Herwig
Patrizia Nanz
13. The Many Faces of the Trade-Environment Conflict: Some Lessons for the Constitutionalisation Project
Oren Perez
14. The Structural Limitations of Network Governance: ICANN as a Case in Point
Jochen von Bernstorff
15. ICANN and the Illusion of a Community-Based Internet: Comments on Jochen von Bernstorff
Karl-Heinz Ladeur
16. Transnational Governance of Corporate Conduct through the Migration of Human Rights Norms: The Potential Contribution of Transnational ‘Private’ Litigation
Craig Scott and Robert Wai
17. Human Rights, Transnational Private Law Litigation and Corporate Accountability: Comments on Scott and Wai
David M Trubek
Part 3
18. Transnational Governance without a Public Law?
Christoph Möllers
19. Constitutionalism and Transnational Governance: Exploring a Magic Triangle
Christian Joerges

Series: International Studies in the Theory of Private Law

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Networks: Legal Issues of Multilateral Co-operation (eBook) ISBN 9781847317247
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Networks: Legal Issues of Multilateral Co-operation ISBN 9781841139456
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Comparative Remedies for Breach of Contract (eBook) ISBN 9781847316929
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Comparative Remedies for Breach of Contract ISBN 9781841134536
Published February 2005
Hart Publishing
Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict
Oren PerezLecturer in Law, Bar-Ilan University, Israel
ISBN 9781841133485
Published June 2004
Hart Publishing