Overview

"This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? ""This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism."" Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)"

Full Product Details

Author:   Ernst-Ulrich Petersmann ,  Armin Steinbach
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   16
Weight:   0.818kg
ISBN:  

9789004693715

ISBN 10:   9004693718
Pages:   400
Publication Date:   27 March 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Preface List of Figures and Tables Notes on Contributors 1 Introduction and Conclusions of This Book   Ernst-Ulrich Petersmann and Armin Steinbach 2 Constitutional Pluralism, Regulatory Competition and Transnational Governance Failures   Ernst-Ulrich Petersmann 3 Constitutional Economics and Transnational Governance Failures   Armin Steinbach 4 Constitutionalising Climate Mitigation Norms in Europe   Christina Eckes 5 The EU Carbon Border Adjustment Mechanism a Transnational Governance Instrument Whose Time Has Come   James Flett 6 Common but Differentiated Constitutionalisms: Does ‘Environmental Constitutionalism’ Offer Realistic Policy Options for Improving UN Environmental Law and Governance? US and Latin American Perspectives   Erin Daly, Maria Antonia Tigre and Natalia Urzola 7 Constitutional, Governance or Market Failures: China, Climate Change and Energy Transition   Henry Gao and Weihuan Zhou 8 Reforming International Governance: Multilateralism or Polylateralism?   Pascal Lamy 9 Transnational Governance Failures – a Business Perspective and Roadmap for Future Action   John W.H. Denton AO 10 U.S. Trade and Multilateralism   Merit E. Janow 11 Democratic Leadership through Transatlantic Cooperation for Trade and Technology Reforms through the ttc Model?   Elaine Fahey 12 Can the wto Dispute Settlement System Be Revived? Options for Addressing a Major Governance Failure of the World Trade Organization   Peter Van den Bossche 13 EU and UN Proposals for Reforming Investor-State Arbitration   Maria Laura Marceddu 14 Systematic Rivalries and Multilevel Governance in Asia: a Constitutional Perspective   Julien Chaisse Index

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Author Information

Ernst-Ulrich Petersmann has worked as legal counsel in Germany’s Ministry of Economic Affairs, GATT and the WTO, and has taught international and European law at the European University Institute at Florence, the Hague and Xiamen Academies of International Law, the EUI Academy of European Law, and numerous universities around the world. His publications include more than 35 books and 380 contributions to books and academic journals. Armin Steinbach holds the Jean Monnet Chair of EU Law and Economics and the HEC Foundation Chair of Law at the École des hautes études commerciales (HEC) in Paris. He served ten years as a civil servant in German government, including as head of division in the Ministry of Finance and the Ministry of Economic Affairs. He worked at the World Trade Organization (WTO) and as an attorney with the law firm Cleary Gottlieb Steen & Hamilton.

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