The Idea of a Three-Dimensional Conflicts Law as Constitutional Form

Joerges, Christian

doi:10.2139/ssrn.2155845

Cited by 6 publications

(3 citation statements)

References 25 publications

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“…141 But how to deal with actual conflicts of loyalty? 142 From the differences between the networked statehood and the classic modern state, it follows that the various legal systems within the network need to be constantly coordinated and made compatible with each other. However, these collisions cannot simply be decided hierarchically at the central level.…”

Section: Loyalty Obligations Of the Nodes And Collision Rules Within Networked Statehoodmentioning

confidence: 99%

Networked statehood: an institutionalised self-contradiction in the process of globalisation?

Golia

Teubner

2021

Transnational Legal Theory

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World economy and world science have not yet found a counterpart in a world state and probably never will. However, the contours of a political system have emerged, which fulfil the functions of statehood at the global level. Such a system does not take the form of a uniform corporative-hierarchical collectivity but of networked statehood, ie a network of individual states, international organisations, and transnational regimes. Relying on social science and legal constructions, this article offers a positive and negative definition of this concept and an analysis of its intrinsically self-contradictory character traits. Despite these unavoidable contradictions, this article argues that networked statehood still provides considerable advantages and outlines general principles of a future law of networked statehood. These outlines are founded on the belief that networked statehood must be seen as a new and distinct legal form of action but likewise facing the problem of democratic legitimacy.

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Section: Loyalty Obligations Of the Nodes And Collision Rules Within Networked Statehoodmentioning

confidence: 99%

Networked statehood: an institutionalised self-contradiction in the process of globalisation?

Golia

Teubner

2021

Transnational Legal Theory

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“…Research and doctrine have been addressing the interaction of different layers of government, their legitimacy and the interaction of different sources of law in an environment of ever-increasing fragmentation of law. 147 The field shows a variety of different constitutional theories, including, on the one hand, the doctrine of sovereignty-modern (John Jackson) and a human rights-based approach (Petersmann), 148 regimes based upon mutual recognition (Joerges), 149 compensatory constitutionalism (Peters), 150 constitutional pluralism (Walker), 151 global administrative law (Kingsbury, Krisch, Steward and Wiener) 152 or the model of a fivestorey house discussed below, taking into account cosmopolitan political theory (Cottier). On the other hand, theories advocating inherent fragmentation and pluralism (Koskenniemi, Teubner, Joerges) reject the idea of seeking coherence but consider fragmentation inherent to the complexities of life and the world.…”

Section: The Relationship To Multilevel Governancementioning

confidence: 99%

The Prospects of Common Concern of Humankind in International Law

2021

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The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.

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“…The interaction of different layers of government, their legitimacy and various sources of law in an ever more fragmented legal system has been examined by other scholars. 178 There are several approaches to this multilayered governance: a human-rights-based approach, 179 mutual recognition, 180 constitutional pluralism, 181 global administrative law, 182 cosmopolitan political theory, 183 and theories advocating inherent fragmentation and pluralism. 184…”

Section: B Originalitymentioning

confidence: 99%

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Energy Security, Trade and the EU

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Energy security, or the access to energy at an affordable price, is one of the main problems that humanity faces today and the European Union (EU) has to rely on energy-rich countries for its energy needs. Let us begin with two facts: first, the EU imports 53 per cent of its energy; 1 and second, six EU countries depend 100 per cent on Russia for their gas. 2 Imagine for a moment if any one of the EU's energy suppliers were cut off. Many of the EU's energy suppliers are politically and economically fragile. This makes the EU vulnerable, as we saw in the recent Russia-Ukraine gas disputes. In addition, EU companies pay more for energy than their competitors. All of this has consequences for the EU's economy and quality of life. So, the EU urgently needs to diversify its energy supply. We are not alone in this belief. In February 2015, the European Commission published a communication on the creation of a European Energy Union. 3 This shows the urgency of the energy security problem in the EU. Moreover, the European Innovation Union, the Energy Community, the European Energy Union, 4 and the Europe 2020 initiative address energy security as a priority, but policies seem to be reactive instead of addressing energy security in its complexity. This problem 1

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The Idea of a Three-Dimensional Conflicts Law as Constitutional Form

Cited by 6 publications

References 25 publications

Networked statehood: an institutionalised self-contradiction in the process of globalisation?

Networked statehood: an institutionalised self-contradiction in the process of globalisation?

The Prospects of Common Concern of Humankind in International Law

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