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Constitutionalism and Transnational Governance Failures

Contributor(s): Resource type: Ressourcentyp: Buch (Online)Book (Online)Language: Undetermined Publisher: [Erscheinungsort nicht ermittelbar] : Brill, 2024Description: 1 Online-RessourceISBN:
  • 9789004693722
  • 9789004693715
Subject(s): DDC classification:
  • 342 23/eng/20240129
LOC classification:
  • K3165
Online resources: Summary: 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?Summary: "This Introduction summarizes the contents and explains the methodology of the book and of its main policy conclusions on how constitutional democracies should respond to the increasing governance failures inside and beyond states. All UN member states have employed constitutional law for providing national public goods (pg s) such as protection of the environment; they also participate in multilateral treaties of a higher legal rank and multilevel governance institutions for protecting transnational pg s such as UN rules and institutions for the protection of the environment and human rights. However, international treaty commitments are often not effectively implemented inside UN member states, for instance if UN member states prioritize national communitarian values over internationally binding agreements (e.g. in Anglo-Saxon democracies with parliamentary supremacy); or if they continue being governed by authoritarian governments insisting on the UN Charter principle of 'sovereign equality of states' even if multilateral treaties and human and democratic rights are not effectively protected by governments. The 2030 UN Sustainable Development Agenda (sda) emphasizes the need for international cooperation in protecting 17 universally agreed sustainable development goals (sdg s) based on respect for human rights, democratic governance and rule of-law. Yet, these 'constitutional principles' and sdg s are not effectively protected inside and among many UN member states, especially if their domestic legal systems fail to subject foreign policy powers to effective constitutional restraints"--PPN: PPN: 1885775679Package identifier: Produktsigel: ZDB-94-OAB
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