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Transnational Governance and Constitutionalism

Editor(s): Christian Joerges, Inger-Johanne Sand, Gunther Teubner
Media of Transnational Governance and Constitutionalism
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Published: 30-06-2004
Format: Hardback
Edition: 1st
Extent: 408
ISBN: 9781841134352
Imprint: Hart Publishing
Series: International Studies in the Theory of Private Law
Dimensions: 234 x 156 mm
RRP: £100.00
Online price : £90.00
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Loren Epson

About Transnational Governance and Constitutionalism

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.

Table Of Contents

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


“...provides a wealth of thoughtful, informative, state-of-the-art examination of the most important issues of accountability and legitimation posed by the diverse transnational mechanisms for regulation of the global economy.” –  Richard Stewart, John Edward Sexton Professor of Law, New York University School of Law,, also published in the World Trade Review, July 2005

“Das Buch von Joerges, Sand und Teubner ist ein überaus hilfreicher Wegweiser in der ausufernden Globalisierungs- und Konstitutionalisierungsdebatte.” –  Rainer Grote, Heidelberg Journal of International Law, band 67 nr.1

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