Ruling the World? Constitutionalism, International Law, and Global Governance

Author: Jeffrey Dunoff; Joel Trachtman
Publisher: Cambridge University Press
ISBN: 9780521735490
Published In: October 2009
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

• First volume to compare and synthesize constitutional debates occurring in various international sites of governance • First volume to set out a functional approach to international constitutionalization • First volume to examine the interplay between international and domestic constitutions

Contents:: Part I. What Is Constitutionalism Beyond the State?:
1. A functional approach to global constitutionalism Jeffrey L. Dunoff and Joel P. Trachtman;
2. The mystery of global governance David Kennedy;
3. The international legal system as a constitution Andreas Paulus; Part II. The Constitutional Dimensions of Specific International Regimes:
4. The UN charter – a global constitution? Michael Doyle;
5. Rediscovering a forgotten constitution: notes on the place of the UN charter in the international legal order Bardo Fassbender;
6. Reframing EU constitutionalism Neil Walker;
7. The politics of international constitutions: the curious case of the WTO Jeffrey L. Dunoff;
8. Constitutional economics of the WTO Joel P. Trachtman; Part III. Cross Cutting Issues:
9. Human rights and international constitutionalism Stephen Gardbaum;
10. The cosmopolitan turn in constitutionalism: on the relationship between national constitutional law and constitutionalism beyond the state Mattias Kumm;
11. Constitutional heterarchy: the centrality of conflict in the United States and Europe Daniel Halberstam;
12. Courts and pluralism: essay on a theory of judicial adjudication in the context of legal and constitutional pluralism Miguel Poiares Maduro;
13. Whose constitution(s)? International law, constitutionalism and democracy Samantha Besson.