This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations.
Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance.
The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Chapter 1 – Introduction: From Contracts to Constitutions
Chapter 2 – A Constitutional Theory of Supranationalism
Chapter 3 – A Community of Fate: Supranationalism and the Origins of European Integration
Chapter 4 – From States to Industry: Neoliberalism, Supranationalism and the WTO
Chapter 5 – The Conscience of all Nations of the World: the Founding of the ICC
Chapter 6 – Conclusion: The Future of Supranationalism and International Authority
Series Editor: John J. Kirton, University of Toronto, Canada
Global governance is growing rapidly to meet the compounding challenges of a globalized 21st-century world. Many issues once dealt with largely at the local, national or regional level are now going global, in the economic, social and political-security domains. In response, new and renewed intergovernmental institutions are arising and adapting, multilevel governance is expanding, and sub-national actors are playing a greater role, and create complex combinations and private-partnerships to this end.
This series focuses on the new dynamics of global governance in the 21st century by:
In all cases, it focuses on the central questions of how global governance institutions and processes generate the effective, legitimate, accountable results required to govern today’s interconnected, complex, uncertain and crisis-ridden world.