How is Inter-Institutional Order Possible in Global Governance?

Book Cover Faude "Von Konkurrenz zu Arbeitsteilung"Global governance consists of a multitude of international institutions. Although these institutions regulate only individual areas of transnational governance like trade, security, climate change, and financial assistance, they do not operate in isolation from each other, but overlap in their competences. With regard to international financial assistance, for example, the competences of the International Monetary Fund, the World Bank, and regional development banks overlap. In the realm of international security, NATO overlaps with the Common Security and Defense Policy of the European Union. The trade-environment-nexus features overlap between the WTO and several environmental institutions, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Ozone Protection Regime, and the Biodiversity Regime. Continue reading

Taking “The Dark Side” Seriously: Constitutionalism and the Question of Constitutional Progress

It is an obvious point that the global history of constitutionalism cannot plausibly be told as a simple progress narrative. The French and American Revolutions did not trigger an ineluctable steady march of progress. And the end of the Cold War did not bring about the realization of a world made up of liberal constitutional democracies integrated by a global rule of law. Yet it is worthwhile to pause and think more closely about the different ways in which progress narratives might be misguided and in which ways they might not be. Continue reading