The Resource Methodological pluralism and its critics in international economic law research, Ernst-Ulrich Petersmann

Methodological pluralism and its critics in international economic law research, Ernst-Ulrich Petersmann

Label
Methodological pluralism and its critics in international economic law research
Title
Methodological pluralism and its critics in international economic law research
Statement of responsibility
Ernst-Ulrich Petersmann
Creator
Contributor
Subject
Language
eng
Summary
This paper (accepted for publication in the Journal of International Economic Law 15 (2012)) uses the term 'legal methodology' as referring to the conceptions of the sources and 'rules of recognition' of law, the methods of interpretation, the functions and systemic nature of legal systems like international economic law (IEL), and their relationships to other areas of law and politics. It begins with discussing six competing theories of justice justifying international economic regulation. This overview of theories of justice is followed by a discussion of competing moral, economic, political and legal conceptions of the 'primary' and 'secondary rules' of IEL. Due to the 'dual nature' of modern legal systems resulting from the universal recognition of human rights and of other principles of justice, legal positivism, natural law theories, social and policy conceptions of national, transnational and international legal systems must be applied in mutually coherent ways. As law and jurisprudence are less about 'truth' than about 'institutionalizing public reason', positive and normative legal arguments must respect legitimate 'constitutional pluralism' and 'reasonable disagreement' about interpretation and legal protection of civil, political, economic, social and cultural human rights as relevant context for interpreting IEL. The paper explains why, due to 'globalization' and the transformation of ever more national into transnational public goods, national Constitutions have become 'partial constitutions' that can no longer protect many public goods without international law and institutions. Constitutional and 'public goods' theories confirm that the five competing conceptions of IEL must be embedded into a multilevel constitutional framework limiting abuses of public and private power in all human interactions at national, transnational and international levels. The paper includes case-studies illustrating the need for comparative institutional research on which multilevel legal, institutional and regulatory approaches protect human rights, other cosmopolitan rights of citizens and related public goods most effectively. The obvious 'governance failures' in protecting interdependent public goods call not only for 'democratic empowerment' of citizens by cosmopolitan rights compensating the inadequate parliamentary control of multilevel governance by new forms of 'participatory', deliberative and cosmopolitan democracy. The obvious abuses of 'Westphalian conceptions' of 'international law among states' must also be limited by stronger multilevel judicial protection of cosmopolitan rights in order to hold governments more accountable for their failures to protect interdependent public goods more effectively
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
2012/18
http://library.link/vocab/subjectName
  • World Trade Organization
  • Human rights
  • Investments
  • Constitutional law
  • Law
  • International economic integration
Label
Methodological pluralism and its critics in international economic law research, Ernst-Ulrich Petersmann
Link
http://hdl.handle.net/1814/22798
Instantiates
Publication
Note
Subject: Constitutionalism; human rights; legal and constitutional methodology; economic adjudication; international economic, trade and 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
FIEb1713531x
Dimensions
30 cm.
Extent
45 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)851517305
Label
Methodological pluralism and its critics in international economic law research, Ernst-Ulrich Petersmann
Link
http://hdl.handle.net/1814/22798
Publication
Note
Subject: Constitutionalism; human rights; legal and constitutional methodology; economic adjudication; international economic, trade and 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
FIEb1713531x
Dimensions
30 cm.
Extent
45 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)851517305

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