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CONSTITUTIONALIZATION OF INTERNATIONAL ECONOMIC LAW AND THE ROLE OF THE EU

CONSTITUTIONALIZATION OF INTERNATIONAL ECONOMIC LAW AND THE ROLE OF THE EU. Prof. Dr. E.U.Petersmann EUI Florence.

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CONSTITUTIONALIZATION OF INTERNATIONAL ECONOMIC LAW AND THE ROLE OF THE EU

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  1. CONSTITUTIONALIZATION OF INTERNATIONAL ECONOMIC LAW AND THE ROLE OF THE EU Prof. Dr. E.U.Petersmann EUI Florence

  2. E.U.P., Transformative Transatlantic Free Trade Agreements without Rights and Remedies of Citizens? in: JIEL 2015, 579 ffE.U.P., How to Evaluate the European Union as a Normative Power in Multilevel Governance of Public Goods? in: C.Kaddous (ed), The European Union in International Organisations and Global Goverannce. Recent Development, Oxford: Hart, 2015, 237-262 • What is IEL? (eg multilevel legal regulation of global division of labor) • What is ‘constitutionalization’ (eg in national Constitutions and ‘treaty constitutions’)? • Why ‘constitutionalize’ IEL? (eg power-oriented, utilitarian, republican, democratic, liberal and human rights justifications differ) • What is the role of the EU? (eg Arts 2,3 21 TEU)

  3. Answers to the questions depend on legal methodology(eg 5 competing conceptions of IEL – why?) • 3 different dimensions of law (eg legal philosophy, legal theory, legal sociology) > legal methodology (e.g. primary + secondary rules, principles, interpretation) • Law as an instrument of social regulation > market failures, government failures and other justice deficits > need for empirical + normative justifications > ‘positive law’ > universal recognition of human rights + constitutionalism > diverse theories of justice • Can republican constitutionalism be extended to multilevel governance of global public goods? (eg ILO, WHO, FAO, UNESCO) - Is EU constitutionalized? • Lessons from European multilevel constitutionalism for an ‘economic constitution’, ‘security constitution’ and ‘foreign policy constitution’?

  4. Constitutionalization of IEL? • UN/WTO law fails to protect human rights, democracy, RoL and consumer welfare effectively • UN/WTO ‘intergovernmentalism’ is not effectively controlled by citizens + parliaments • Cosmopolitan IEL (eg commercial, investment, EU, EEA law) was more effective – due to individual rights and legal, democratic and judicial accountability? • Transformative FTAs without rights and remedies of citizens? Are utilitarian justifications adequate? • How to constitutionalize executive power politics and related ‘disempowerment’ of citizens? Lessons from ‘republican’ and ‘cosmopolitan constitutionalism’? Lessons from EU law?

  5. What is/should be the role of the EU? • EU membership in WTO – but no convincing EU strategy for EU membership in UN system (FAO, UNCLOS) > internal and external obstacles • Does the EU have a ‘foreign policy constitution’? Do Arts 3,21 prescribe cosmopolitan constitutionalism? • Why does the EU neglect ‘strict observance of international law’ (eg WTO law + DSB rulings)? Are ‘WTO violations’ proportionate policy instruments (cf. Article 5 TEU)? • Why does the EU prevent rights of citizens in FTAs rather than ‘promote … protection of its citizens’ (Article 3 TEU)? What rights does republicanism require? • Why does the European Parliament fail to protect equal rights of citizens in international trade and investment law? Does EU law require stronger participatory and constitutional democracy and additional judicial remedies in multilevel governance of international public goods (eg WTO)? • Do Articles 3, 21 TEU require international leadership by the EU for republican and cosmopolitan constitutionalism in multilevel governance of global public goods?

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