The Resource Constitutional problems of multilevel judicial governance in trade and investment regulation, Ernst-Ulrich Petersmann

Constitutional problems of multilevel judicial governance in trade and investment regulation, Ernst-Ulrich Petersmann

Label
Constitutional problems of multilevel judicial governance in trade and investment regulation
Title
Constitutional problems of multilevel judicial governance in trade and investment regulation
Statement of responsibility
Ernst-Ulrich Petersmann
Creator
Contributor
Subject
Language
eng
Summary
This lecture, delivered at Copenhagen Business School on 18 November 2011, examines the legal and constitutional methodologies underlying private commercial arbitration, national, regional and worldwide adjudication in trade and investment regulation with a particular focus on 'multilevel judicial governance' inside the European Union (EU) relating to international agreements concluded by the EU and/or its member states. It explains the need for methodological legal constitutionalism in terms of theories of justice and human rights and emphasizes the customary law requirement of interpreting treaties, and settling disputes, 'in conformity with principles of justice', human rights and fundamental freedoms. Due to the 'dual nature' of modern legal systems as positive law including 'principles of justice', judges and 'courts of justice' must define their 'constitutional functions' of 'administering justice' with due regard to procedural and substantive human rights and other 'principles of justice'. The particular context of European and international economic law (IEL) calls for interpreting the 5 competing conceptions of IEL not only in terms of (1) Westphalian conceptions of 'public international law among sovereign states', (2) 'global administrative law', (3) multilevel economic regulation and (4) international commercial and 'conflicts law', but also as part of (5) multilevel constitutional rules based on respect for legitimate 'constitutional pluralism' aimed at protecting transnational rule of law for the benefit of citizens. Arguably, both human rights and the 'rule of law' requirements of EU law justify 'cosmopolitan conceptions' of IEL protecting transnational rule of law and limiting arbitrary violations of EU law and IEL by EU institutions and member states
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Petersmann, Ernst-Ulrich
Index
no index present
Literary form
non fiction
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI working papers. LAW
  • EUI papers
Series volume
2012/08
http://library.link/vocab/subjectName
  • International economic relations
  • Constitutional law
  • International law
  • Conflict of laws
Label
Constitutional problems of multilevel judicial governance in trade and investment regulation, Ernst-Ulrich Petersmann
Link
http://hdl.handle.net/1814/21435
Instantiates
Publication
Note
Keywords : Arbitration; legal and constitutional methodology; economic adjudication; EU; European Economic Area; European Convention of Human Rights; investment law; judicial governance; principles of justice; WTO law
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17090337
Dimensions
30 cm.
Extent
27 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)851517019
Label
Constitutional problems of multilevel judicial governance in trade and investment regulation, Ernst-Ulrich Petersmann
Link
http://hdl.handle.net/1814/21435
Publication
Note
Keywords : Arbitration; legal and constitutional methodology; economic adjudication; EU; European Economic Area; European Convention of Human Rights; investment law; judicial governance; principles of justice; WTO law
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17090337
Dimensions
30 cm.
Extent
27 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)851517019

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