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12 - Fair Is Foul, and Foul Is Fair

The Mixed Character of Constitutionalism in the Global Economic Governance

from Part III - Horizontal Interactions

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

In view of the remarkable rise in legal discipline under the WTO Agreement and investment treaties, theorists speak of the ‘constitutionalization’ of international economic law. A pluralist insight reveals, however, that the advancement of certain constitutional values, such as economic freedom, would inevitably involve the sacrifice of other societal values. Accordingly, constitutionalism associated solely with the evolution of a specific treaty regime would have a mixed impact on the global society as a whole. In the twelfth chapter, Kazuyori Ito focuses on the mixed character of constitutionalism in the international economic legal order and argues that the concept of constitutionalization itself must be reformulated. The constitutional character of a global economic institution should be assessed according to the extent that the institution allows equal and serious consideration of inputs from around the world. If Global Constitutionalism seeks to enhance human liberty and autonomy in the global legal arena, it should be careful not to narrow its ambition to the promotion of specific values attainable through the development of specialized international norms; it should concern itself with the issue of autonomy and self-determination of people in the broader society, particularly through safeguarding the political process of deliberation.
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Publisher: Cambridge University Press
Print publication year: 2018

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