Global constitutionalism from European and East Asian perspectives /
Suami, Takao,1954-editor.
Peters, Anne,1964-editor.
Vanoverbeke, Dimitri,editor.
Kumm, Mattias,editor.
Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
Includes bibliographical references and index.
Global constitutionalism from European and East Asian perspectives : an introduction / Anne Peters, Takao Suami, Dimitri Vanoverbeke and Mattias Kumm -- Perpetuum mobile : before and after global constitutionalism / Toshiki Mogami -- China's socialist rule of law and global constitutionalism / Bin Li -- Global constitutionalism and East Asian perspectives in the context of political economy / Christine Schwobel-Patel -- Global constitutionalism and European legal experiences : can European constitutionalism be applied to the rest of the world? / Takao Suami -- On the history and theory of global constitutionalism / Mattias Kumm -- Are we talking the same language? : the socio-historical context of global constitutionalism in East Asia as seen from japan's experiences / Dimitri Vanoverbeke -- Chinese perspectives on the rule of law : prospects and challenges for global constitutionalism / Matthieu Burnay -- Cosmopolitanising rights practice: the case of South Korea / Yoon Jin Shin -- Global constitutionalism : the social dimension / Anne Peters -- Development issues in the discourse of global constitutionalism / Hyuck-Soo Yoo -- A new idea for constructing the global legal mechanism of the right to development / Xigen Wang -- Fair is foul, and foul is fair : the mixed character of constitutionalism in the global economic governance / Kazuyori Ito -- Conceptualising global environmental constitutionalism in a regional context : perspectives from Asia and Europe / Louis J. Kotzé -- The emerging principle of functional complementarity for coordination among national and international jurisdictions : intellectual hegemony and heterogeneous world / Kaoru Obata -- Human rights NGOs and global constitutionalism from a Chinese academic perspective / Guimei Bai -- Global constitutionalism and private governance : the discrete contribution of voluntary sustainability standards / Axel Marx and Jan Wouters -- International courts and tribunals and the rule of law in Asia / Geir Ulfstein -- Global constitutionalism for East Asia : its potential to promote constitutional principles / Takao Suami.
Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
Constitutional law
Constitutional law
Comparative law.
Law and globalization.
Comparative law.
Constitutional law.
Law and globalization.