This chapter evaluates global governance and how it relates to international law. It addresses the role of international organizations in processes of global governance, charting their rise from the nineteenth century onwards. Two international organizations exemplify semi-legalized governance beyond the state: the United Nations and the European Union. Sovereign states, of course, continue to play a central role in the institutions, processes, and mechanisms of global governance. The chapter then explores the extent to which a state’s power, influence, and legitimacy are affected by factors such as its domestic political arrangements and its adherence to the liberal, Western values that underpin the postwar order. It also assesses whether the proliferation of legalized and semi-legalized global governance regimes amounts to a constitutionalization of international relations.
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4. International organizations, states, and global governance
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14. The European Union
A Constitutional Order in the Making
Berthold Rittberger
This chapter examines how the European Union acquired distinctive constitution-like features. It begins with a discussion of three routes to constitutionalization: the first is through changes in the EU's primary law; the second focuses on ‘in between’ constitutionalization; and the third leads directly to the European Court of Justice and its jurisprudence. The chapter proceeds by discussing two developments that have shaped the EU constitutional order almost since the beginning: the emergence of a body of EU law constituting a set of higher-order legal rules, and the consolidation of the constitutional principle of representative democracy. It explains how the supremacy and direct effect of EU law, as well as the EU court's concern with the protection of fundamental rights, helped transform the EU into a constitutional polity. It also considers how the extension of the legislative, budgetary, and other powers of the European Parliament animated the constitutional principle.
Book
Edited by Desmond Dinan
Origins and Evolution of the European Union provides an authoritative account of the emergence and evolution of the European Union from the aftermath of World War II to the uncertainties of the present era. It explains the forces, events, and individuals that have shaped one of the most unusual and controversial political entities in history. This second edition covers key issues including the antecedents of European integration in the years before World War II; the challenges of reconstruction and reconciliation in the early post-war period; the ups and downs of European integration in 1960s and 1970s; the acceleration of European integration in the late 1980s and early 1990s; almost-continuous enlargement; the eurozone crisis; the constitutionalization of the EU; and Britain's troubled membership. The text is updated throughout and includes new chapters focusing on the United Kingdom and European integration, and the constitutionalization of the EU.
