Transnational Governance and Constitutionalism

Description

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Christian Joerges is Professor of Economic Law at the European University Institute, Florence. Inger-Johanne Sand is Professor at the Institute of Public and International Law, University of Oslo. Gunther Teubner is Professor of Law and Principal Investigator at the Cluster of Excellence: Formation of Normative Orders, Goethe University Frankfurt am Main and Distinguished Professor at the International University College, Torino.

...provides a wealth of thoughtful, informative, state-of-the-art examination of the most important issues of accountability and legitimation posed by the diverse transnational mechanisms for regulation of the global economy. -- Richard Stewart, John Edward Sexton Professor of Law, New York University School of Law * www.globallawbooks.org, also published in the World Trade Review, July 2005 * Das Buch von Joerges, Sand und Teubner ist ein uberaus hilfreicher Wegweiser in der ausufernden Globalisierungs- und Konstitutionalisierungsdebatte. -- Rainer Grote * Heidelberg Journal of International Law, band 67 nr.1 *