The paper proceeds to a literature review on the historical formation of a global governance, the rise of liquid authority and the construction of new fields of public law that have emerged transnationally (notably, the Global Administrative Law and Global Constitutionalism). By contextualizing these theoretical contributions into a brazilian historical perspective, the paper presents the hypothesis that countries where institutional development is historically weakened, democracies and national identities are put at stake by transnational liquid authority. And so it presents one of the great challenges for Public Law in the 21st century: to allow developing countries to participate actively in the rule-making of global governance, at the same time allowing them to keep their national identities, although the maintenance of these identities may imply conflicts with western thoughts which rule the international legal scope.
This article introduces citizenship by investment as global citizenship. This refers to the direct sale of membership entitlements and immediate naturalization, creating formal legal and fragmented market citizenship. Factors in the globalization of citizenship law include a presupposition of plural (dual and multiple) citizenship, missing physical residence, reference to a supranational individual fundamental rights sphere, the idea of cosmopolitan membership qua humanity, philanthropy, markets, as well as actual claims to function as global citizenship. The article discusses various strands of global constitutionalism, including references to the self-entanglement of states and the joining of individuals and markets, within the privatization and globalization of public law. Utilizing complex systems theory, the article then creates an argument for global citizenship through the existence of global citizens as supranational non linear legal network authority overcoming market entropy.
Globalization has led to growing perceptions of inequality and reduced democratic margins. The constitutional complaint before the German Federal Constitutional Court (FCC) against Germany’s consent in the Council to the preliminary enactment of the CETA between the EU and Canada is an example for the attempt to defend democratic margins against encompassing free-trade regimes through reference to constitutional requirements.
Concerns relate to the regulatory competences of the CETA committee, investor arbitration and an ultra vires delegation of competences. The FCC found the concerns arguable but rejected an interim injunction against the German consent due to concerns about reliability in external relations. The paper analyses the dilemma between international cooperation and constitutional requirements at the example of the reduced benchmark of constitutional identity plus X and the resulting limitations for the FCC to address democratic concerns by means of constitutional review.
Market and democracy came together. There are correlation and paradox among the market globalization, state sovereignty and democracy. The market globalization had a great impact on the sovereignty and democracy of the nation-state. Sovereign countries are faced with the globalization pressure and selection dilemma between the sovereignty and democracy. Democracy can play a balancing role between super-globalization and national sovereignty to prevent the super-globalization from overly undermining the citizens’ rights and interests as well as to make the country not to be isolated in the world beacuse of too much emphasis on national sovereignty.
The paper analyses the role of third country lobbying in the EU. The novelty of the paper lies in applying insights about lobbying to the implementation and enforcement stages, not only, as is traditionally done, to the legislative stage. The contribution focuses on the lobbying efforts of the US, China and Japan in the context of EU chemicals law- and policy-making. The empirical research material consists of in-depth interviews with third country lobbyists and EU policy-makers. The findings illustrate that third countries play diverse roles in REACH regulation throughout the policy cycle. The paper emphasises the ability of third country lobbyists to provide feedback to the EU legislator especially at the later stages of policy-making to the extent that, intentionally or not, they function as ancillary legislators. Third countries enter the policymaking process “in through the back door”, as there is limited public oversight of activities at the implementation and enforcement stages. The contribution concludes by examining the ways in which to increase transparency about third country activities.
In one of his most famous books (Third Wave, 1991), Samuel P. Huntington compares Romania and Sudan in terms of negative perspectives of democratization linked to similar domestic factors. As history has later shown, however, different external influences have led Romania to become a democracy and Sudan to be still an authoritarian regime that has been afflicted by civil war and secession. This paper picks up the case of Romania to show how strong can be the influence of international organizations in bringing about a profound political and institutional change that would have been otherwise difficult, if not impossible, to achieve. In the first part of the paper, a reconstruction of the political and institutional dynamics underlying the years from the death of Ceaușescu up throughout the Romania’s EU membership are the empirical basis to check the suggested hypothesis. A second part of the paper will show more generally what are the main aspects characterizing the action of international organizations, namely the EU, and what are the conditions to get a similar influence in other cases and areas.