TITLE

Multilayered Governance, Pluralism, and Moral Conflict

AUTHOR(S)
COTTIER, THOMAS
PUB. DATE
July 2009
SOURCE
Indiana Journal of Global Legal Studies;Summer2009, Vol. 16 Issue 2, p647
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The quest for multilayered governance faces the problem of endemic tensions and disagreements in international relations and doubts as to whether nations truly share common values upon which an international society can be solidly built. Values, however, are equally controversial within the nation-state. We find similar tensions within domestic and regional layers of governance. In any system of governance, diverging and competing values are inevitable. There are differences in degree, but not in principle, when comparing traits of domestic and international governance. Legal experience in the fields of human rights and international trade regulation indicates that under such conditions, procedures are of prime importance. On all levels alike, procedural instruments and guarantees play a key role in arbitrating between competing values, interests, and rights. These guarantees today are unevenly developed, not only in comparing different layers of government, but also foremost in comparing different countries forming part of the international system. They are far from perfect, but offer the way forward for further work toward a coherent legal theory of multilayered governance.
ACCESSION #
43206025

 

Related Articles

  • The rise of 'diminished multilateralism': East Asian and European forum shopping in global governance. Rüland, Jürgen // Asia Europe Journal;Mar2012, Vol. 9 Issue 2-4, p255 

    The article argues that the 'principled multilateralism' of the immediate post-Cold War period is increasingly giving way to what may be called a 'diminished multilateralism.' Newly emerging global and regional powers such as the BRICS states (Brazil, Russia, India, China and South Africa) and...

  • At the Crossroads of National and European Union Law. Experiences of National Judges in a Multi-level Legal Order. Jaremba, Urszula // Erasmus Law Review;Dec2013, Vol. 6 Issue 3/4, p191 

    The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but steady started to become a point of...

  • Regional Governance in East Asia and the Asia-Pacific. Komori, Yasumasa // East Asia: An International Quarterly;Winter2009, Vol. 26 Issue 4, p321 

    This article examines the emergence of and relationships between Track 1 and Track 2 arrangements in East Asia and the Asia-Pacific. It argues that the emerging complex webs of institutional arrangements in East Asia and the Asia-Pacific exhibit a multi-layered structure of governance in which...

  • HUMAN RIGHTS REQUIRE "COSMOPOLITAN CONSTITUTIONALISM" AND COSMOPOLITAN LAW FOR DEMOCRATIC GOVERNANCE OF PUBLIC GOODS. PETERSMANN, ERNST-ULRICH // Contemporary Readings in Law & Social Justice;2013, Vol. 5 Issue 2, p30 

    The more "globalization" transforms "national public goods" demanded by citizens into transnational "aggregate public goods," the stronger becomes the need for reviewing "Westphalian governance failures" and related "legal methodologies" (Section 1). Resolving the "constitutional problems" and...

  • Guvernanta, de la Aristotel la Uniunea Europeana. Piţurcă, Aurel // Revista de Stiinte Politice;2009, Issue 24, p7 

    In this article we proposed to emphasize the evolution of governance from the antiquity until the present moment. In this sense, we have taken as a starting point political theories regarding governance authored by Aristotle, Cicero, Montesquieu and, obviously, E.U. In the last case we had in...

  • THE EMERGENCE OF A NEW GLOBAL CULTURE IN THE IMAGINATION AGE. King, Ritz J. // World Public Opinion Poll - Topic of Views on Countries & Region;2008, p50 

    The article presents the author's prediction regarding the emergence of a new world culture in the imagination era. It discusses the condition of the present age filled with threats of war and uncertainty, expecting for the new beginning to come. It highlights the author view of the advent of...

  • Foreign Policy Analysis in the Time of European Political Integration. Structural Realism and Europeanization - An Attempted Synthesis? DYDUCH, JOANNA // Horizons of Politics / Horyzonty Polityki;2014, Vol. 5 Issue 10, p51 

    The subject of this article is a critical reflection on how to analyse contemporary foreign policy. In times of everfaster globalisation and deepening European integration two questions appear to be particularly important: to what extent are the classic(al) methods of explaining and analysing...

  • MULTILEVEL GOVERNANCE AND THE EUROPEAN NEIGHBOURHOOD POLICY: THE ENPI CBC PROGRAMMES. Pop, Irina Ionela // Regional & Cohesion Policy: Insights into the role of the Partne;2011, p198 

    The references of the 2009 White Paper on Multilevel Governance to the European Neighbourhood Policy determined us to study this subject. We began with the definitions of the concept, both from the academic and from the European Union's perspectives, we tried to bring arguments that the...

  • REGIONALIZACIJA BOSNE I HERCEGOVINE NA PUTU KA EU. Horvat, Dominika // Business Consultant / Poslovni Konsultant;dec2013, Vol. 5 Issue 31, p83 

    Countries do not exist in themselves, but they are part of a region. Bosnia and Herzegovina is the same part of the European space, as any other European country. False conclusions would be granted, however, if the country towards regionalization without problem converge to ignore the new...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics