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

by Edited by Jeffrey L. Dunoff , Joel P. Trachtman

• ISBN13: 9780521514392
• ISBN10: 0521514398
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-07-27
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Contributors	p. ix
Preface: International Institutions: Why Constitutionalize?	p. xi
Acknowledgments	p. xv
What is Constitutionalization Beyond the State?
Understanding the Demand for International Constitutionalization
A Functional Approach to International Constitutionalization	p. 3
Is the International Legal System a Constitution for International Society?
The Mystery of Global Governance	p. 37
The International Legal System as a Constitution	p. 69
The Constitutional Dimensions of Specific International Regimes
The United Nations
The UN Charter-A Global Constitution?	p. 113
Rediscovering a Forgotten Constitution: Notes on the Place of the UN Charter in the International Legal Order	p. 133
The European Union
Reframing EU Constitutionalism	p. 149
The World Trade Organization
The Politics of International Constitutions: The Curious Case of the World Trade Organization	p. 178
Constitutional Economics of the World Trade Organization	p. 206
Crosscutting Issues
Exploring the Relationships among International and Domestic Constitutions
Human Rights and International Constitutionalism	p. 233
The Cosmopolitan Turn in Constitutionalism: On the Relationship between Constitutionalism in and beyond the State	p. 258
Navigating Constitutional Pluralism
Constitutional Heterarchy: The Centrality of Conflict in the European Union and the United States	p. 326
Courts and Pluralism: Essay on a Theory of Judicial Adjudication in the Context of Legal and Constitutional Pluralism	p. 356
The Puzzle of Democratic Legitimacy
Whose Constitution(s)? International Law, Constitutionalism, and Democracy	p. 381
Index	p. 409
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