Constitutionalism and Transnational Governance Failures

Ernst-Ulrich Petersmann has worked as legal counsel in Germany’s Ministry of Economic Affairs, GATT and the WTO, and has taught international and European law at the European University Institute at Florence, the Hague and Xiamen Academies of International Law, the EUI Academy of European Law, and numerous universities around the world. His publications include more than 35 books and 380 contributions to books and academic journals. Armin Steinbach holds the Jean Monnet Chair of EU Law and Economics and the HEC Foundation Chair of Law at the École des hautes études commerciales (HEC) in Paris. He served ten years as a civil servant in German government, including as head of division in the Ministry of Finance and the Ministry of Economic Affairs. He worked at the World Trade Organization (WTO) and as an attorney with the law firm Cleary Gottlieb Steen & Hamilton.

Preface


List of Figures and Tables


Notes on Contributors


1 Introduction and Conclusions of This Book

  Ernst-Ulrich Petersmann and Armin Steinbach



2 Constitutional Pluralism, Regulatory Competition and Transnational Governance Failures

  Ernst-Ulrich Petersmann



3 Constitutional Economics and Transnational Governance Failures

  Armin Steinbach



4 Constitutionalising Climate Mitigation Norms in Europe

  Christina Eckes



5 The EU Carbon Border Adjustment Mechanism a Transnational Governance Instrument Whose Time Has Come

  James Flett



6 Common but Differentiated Constitutionalisms: Does ‘Environmental Constitutionalism’ Offer Realistic Policy Options for Improving UN Environmental Law and Governance? US and Latin American Perspectives

  Erin Daly, Maria Antonia Tigre and Natalia Urzola



7 Constitutional, Governance or Market Failures: China, Climate Change and Energy Transition

  Henry Gao and Weihuan Zhou



8 Reforming International Governance: Multilateralism or Polylateralism?

  Pascal Lamy



9 Transnational Governance Failures – a Business Perspective and Roadmap for Future Action

  John W.H. Denton AO



10 U.S. Trade and Multilateralism

  Merit E. Janow



11 Democratic Leadership through Transatlantic Cooperation for Trade and Technology Reforms through the ttc Model?

  Elaine Fahey



12 Can the wto Dispute Settlement System Be Revived? Options for Addressing a Major Governance Failure of the World Trade Organization

  Peter Van den Bossche



13 EU and UN Proposals for Reforming Investor-State Arbitration

  Maria Laura Marceddu



14 Systematic Rivalries and Multilevel Governance in Asia: a Constitutional Perspective

  Julien Chaisse



Index