Global Perspectives on Subsidiarity


Book Description

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​




Varieties of European Subsidiarity


Book Description

Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.




Subsidiarity and EU Multilevel Governance


Book Description

This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.




Governance in the 21st Century


Book Description

This book explores some of the opportunities and risks - economic, social and technological - that decision-makers will have to address, and outlines what needs to be done to foster society's capacity to manage its future more flexibly and with broader participation of its citizens.




Assessing Subsidiarity


Book Description




Corporate Governance Flexibility and Proportionality in Corporate Governance


Book Description

This OECD report presents the results of an OECD review on flexibility and proportionality practices in seven different areas of corporate governance regulation. The review covers 39 jurisdictions and six in-depth country case studies.







Globalisation and Governance


Book Description

While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.




The Exercise of Public Authority by International Institutions


Book Description

The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.




Regional Orders


Book Description

Conflict among nations for forty-five years after World War II was dominated by the major bipolar struggle between the United States and the Soviet Union. With the end of the Cold War; states in differing legions of the world are taking their affairs more into their own hands and working out new arrangements for security that best suit their needs. This trend toward new &"regional orders&" is the subject of this book, which seeks both to document the emergence and strengthening of these new regional arrangements and to show how international relations theory needs to be modified to take adequate account of their salience in the world today. Rather than treat international politics as everywhere the same, or each region as unique, this hook adopts a comparative approach. It recognizes that, while regions vary widely in their characteristics, comparative analysis requires a common typology and set of causal variables. It presents theories of regional order that both generalize about regions and predict different patterns of conflict and cooperation from their individual traits. The editors conclude that, in the new world of regional orders, the quest for universal principles of foreign policy by great powers like the United States is chimerical and dangerous. Regional orders differ, and policy artist accommodate these differences if it is to succeed. Contributors are Brian L. Job, Edmund J. Keller, Yuen Foong Khong, David A. Lake, Steven E. Lobell, David R. Mares, Patrick M. Nlotgan. Paul A. Papayoanou, David J. Pervin, Philip G. Roeder, Richard Rosecrance and Peter Schott, Susan Shirk, Etel Solingen, and Arthur A. Stein.