International Law

Globalisation and Governance: International Problems, European Solutions

By Robert Schutze
Cambridge University Press September 2018

Specifications

ISBN-13
9781107129900
Publisher
Cambridge University Press
Publication
September 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only
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While it might have been viable for States to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign State and "its" international legal order?

Two alternative approaches to the problem of "governance" in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the "sovereign equality" of all States. A second approach to transnational "governance" has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the "international" problems within our globalised world.

Table of Contents

Introduction: (inter)national governance - theory and practice Robert Schutze

Part I. International Perspectives:
A. Formal Foundations:
1. The 'unsettled' eighteenth-century: Kant and his predecessors Robert Schutze
2. World order through law: the politics of Kelsenian positivism in international law Jochen von Bernstorff
3. Tyranny and constitutionalism beyond the state Aoife O'Donoghue
4. New order for yet another new world: philosophy in a time of global existential crisis Philip Allott
B: Substantive Challenges:
5. The real utopia: international constitutionalism and the use of force Marc Weller
6. Variable geometry in the WTO Bernard M. Hoekman and Petros C. Mavroidis
7. New challenges for global environmental governance Markus W. Gerhring
8. Tackling mass atrocity in a globalised world: the International Criminal Court Olympia Bekou

Part II. European Perspectives:
A. Formal Foundations:
9. European international law Bruno de Witte
10. Constitutional state of the European Union Christoph Moellers
11. Subsidiarity as a principle of EU governance Katarzyna Granat
12. Citizenship's role in the European Federation Dimitry Kochenov
B. Substantive Solutions:
13. Integration and constitutionalisation in EU foreign and security policy Ramses A. Wessel
14. Intergovernmentalism in the wake of the Euro area crisis Alicia Hinarejos
15. EU law and global environmental challenges Ludwig Kramer
16. The normative foundations of European criminal law Valsamis Mitsilegas
Conclusion: after globalisation: engaging the 'backlash' Marti Koskenniemi
Epilogue: elements of a theory of global governance David Held.
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