Your search
Results 10 resources
-
Hardly anywhere is the trend towards a perfection of transnational governance arrangements and their “legalization” more visible than in international trade. Governance arrangements established through and alongside WTO law are both practically important and theoretically challenging. They do not just organise international trade relations. They also affect national and regional (European) regulatory policies partly directly, partly more indirectly. How can we explain and how should we...
-
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third...
-
‘Constitutionalisation’ is the key concept in the search for legitimate governance in the European Union and in the international system. This paper suggests the revitalising of a discipline which is widely neglected in European law and international law scholarship. It does not, however, recommend a return to the conflict of laws (private international law) in the traditional sense. The new type of conflicts law that the paper advocates is not concerned with selecting the proper legal...
-
EXCERPT [KM]: Karl Polanyi has experienced a renaissance in recent years.13 We refer to his work in our remarks on the failures of the European project for three interrelated reasons: (1) Polanyi has underlined that modern markets were not generated by some evolutionary process but established by political planning.14 Europe's “internal market project” is the best conceivable confirmation of his thesis. (2) One of the most important insights of his work concerns the “social embeddedness” of...
-
This paper argues that the relationship between law and politics must be reconfigured within the European Union. Dissecting recent crises in economic, social and political organisation within Europe with reference to the three ‘fictitious’ commodities of Karl Polanyi, we find that law in Europe has contributed to de-legalisation, de-socialisation and disenfranchisement. Moving on to review the potential for law to respond to crisis through new paradigms of conflict resolution as suggested by...
-
The patterns and impact of globalization have become a common concern of all international jurists, sociologists, political scientists, and philosophers. Many have observed the erosion of the powers of nation states and the emergence of new transnational governance regimes, and seek to understand their internal dynamics, re-regulatory potential, and normative quality. Karl Polanyi's seminal book - The Great Transformation - is attracting new attention to such endeavors, mirroring a growing...
-
The judgments of the European Court of Justice (ECJ) of December 2008 in Viking and Laval on the compatibility of national collective labour law with European prerogatives have caused quite a heated critical debate. This article seeks to put this debate in constitutional perspectives. In its first part, it reconstructs in legal categories what Fritz W. Scharpf has characterised as a decoupling of economic integration from the various welfare traditions of the Member States. European...
-
Europe continues to search for its - "European" - social model and the search seems to become increasingly urgent. It is no longer just the "democratic deficit", but also and alongside it, the "social deficit" of the EU which needs to be cured. That new concern is, in fact, a rejection of the older answers. According to the ordo-liberal interpretation of the European legal order as an "Economic Constitution" and, successively, in the analyses of the EU as a "Regulatory State", the sphere of...
-
Against a backdrop of rapidly evolving crisis management in the European financial and sovereign debt crisis this essay aims both to explore and to re-consider the role of law in the EU integration process: What did law accomplish? Where did it fail? What is law going to endure? What kind of future can it envisage? The essay traces back the evolution of the law-politics relationship in both EU legal scholarship and practice from the foundational period of ‘integration-through-law’ to the...
-
The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about 'the rise and fall of market society', which was first...