Refine
Document Type
- Part of a Book (7)
- Article (4)
- Editorship book (4)
- Working Paper (2)
- Contribution to a Periodical (1)
- Lecture (1)
- Journal (1)
Is part of the Bibliography
- no (20) (remove)
Das Buch untersucht vergleichend für den europäischen Binnenmarkt und den internationalen Handel die Zusammenhänge zwischen der Liberalisierung des Handels und seiner Regulierung zum Zwecke des Arbeits-, Gesundheits- und Umweltschutzes an den Beispielen Produkt- und Lebensmittelsicherheit in der EU, Telekommunikations- und Gesundheitsdienstleistungen, Verminderung von CO2-Emissionen von Pkw, Arbeits- und Sozialstandards im internationalen Handel, private Standards zum Schutz öffentlicher Güter im Welthandel. Als normativer Maßstab für die empirische Politikwissenschaft dient das Konzept der „Sozialregulierungsfähigkeit“. Für die rechtliche Kontrolle der externen Effekte staatlichen Handelns, der transnationalen Verwaltungskooperationen und der Aufgabenverlagerungen auf private Akteure wird das Konzept eines dreidimensionalen Kollisionsrechts entwickelt.
Mit Beiträgen von:
Olga Batura, Henning Deters, Josef Falke, Carola Glinski, Thorsten Hüller, Christian Joerges und Markus Krajewski
Although international police cooperation is not a new phenomenon and despite its relevance for the monopoly of force, studies applying a political science or international relations (IR) perspective are scarce. Through a ‘competition of claims’, this article reviews and organizes current literature on cooperation in internal security to highlight crucial points of entry for IR- and political science approaches. While both claims argue along the lines of functionalist regime theory, the ‘informality claim’ stresses state’s interest to uphold autonomy and their accordant preference for informal cooperation. In contrast, the ‘institutionalization claim’ underscores the willingness of states to create formal and strong institutions as they promise efficiency gains in light of transborder problems. By focusing on central issues in police cooperation (terrorism, drugs, money laundering, organized crime)this review highlights that internal security can become a prospering field for IR- and political science theorizing.
Unity in Diversity” was the fortunate motto of the otherwise unfortunate Draft Constitutional Treaty. The motto did not make it in to the Treaty of Lisbon. It deserves to be kept alive in a new constitutional perspective, namely the re-conceptualisation of European law as new type of conflicts law. The new type of conflicts law which the paper advocates is not concerned with selecting the proper legal system in cases with connections to various jurisdictions. It is instead meant to respond to the increasing interdependence of formerly more autonomous legal orders and to the democracy failure of constitutional states which result from the external effects of their laws and legal decisions on non-nationals. European has many means to compensate these shortcomings. It can derive its legitimacy from that compensatory potential without developing federal aspirations. The paper illustrates this approach with the help of a topical example, namely the conflict between European economic freedoms and national industrial relations (collective labour)law. The recent jurisprudence of the ECJ in Viking, Laval, and Rüffert in which the Court established the supremacy of the freedoms over national labour law is criticised as a counterproductive deepening of Europe's constitutional asymmetry and its social deficit. The introductory and the concluding sections generalise the perspectives of the conflicts-law approach. The introductory section takes issue with max Weber’s national state. The concluding section suggests a three-dimensional differentiation of the approach which seeks to respond to the need for transnational regulation and governance.
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other.
The first section of the book contrasts Europe's new modes of economic governance crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of International Economic Law, International Constitutional Law/Transnational Constitutionalism, EU Law and Human Rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann´s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of International Economic Law. “Construing” the constitution of International Economic Law, in both senses of this activity, was an aim throughout Professor Petersmann´s academic career and this goal stands also at the heart of this book. (Abstract of Book)
This discussion of the ECJ in the context of a project on political representation in the EU responds to the Court’s changing functions in the integration process and also to the critique which the exercise of this function has provoked in recent years after the Court objected to constitutional provisions and legislation of constitutional status in particular in the sphere of labour law and social protection. The ECJ has been accused of partisanship with a neoliberal-monetarist agenda. These debates are bound to extend to the new functions which were assigned to the CJEU in the supervision of the budgetary discipline of Member States in the Euro zone. The problems that might arise in such a case have been foreshadowed by the recent jurisprudence on the legality of the European practices of crisis management. The judgments of the German Bundesverfassungsgericht of 12 September 1212 on the ESM Treaty and the Fiscal Compact and the CJEU Judgment of 27 November 2012 in the Pringle case are of exemplary importance. They document the difficulties both courts have with the defense of the autonomy of law against apparent functional necessities and concurring attitudes in the readiness to accept the primacy of the political.
This paper discusses the fundamental tensions between economic globalization and democratic politics in the field of international trade governance. The move towards mega-regional trade agreements, as heralded by the controversies over the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic Trade Agreement (CETA), has greatly accentuated grievances and is therefore of exemplary importance in the realms of transnational governance. Based on the theoretical frameworks of Karl Polanyi and Dani Rodrik, we examine the decoupling of these agreements from national and democratic control and the resulting legitimacy impasses of transnational governance. Arguing that politics is not a mistake that gets in the way of markets, we submit our own conceptualization of transnational legitimacy. In doing so we suggest a new type of conflicts law which does not seek to overcome socio-economic and political diversity by some substantive transnational regime but responds to diversity with procedural safeguards, thus ensuring space for cooperative problem-solving and the search for fair compromises.