This collection of innovative contributions to the study of legal pluralism in international and transnational law focuses on collisions and conflicts between an increasing number of institutional and legal orders, which can manifest themselves in contradictory decisions or mutual obstruction. It combines theoretical approaches from a variety of disciplines with theoretically informed case studies in order to further understanding of the phenomenon of regime collisions. By bringing togethe...

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protec...

Translated by Ciaran Cronin.In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is th...

In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in tr...

Wolfgang Streeck has written extensively on comparative political economy and institutional theory. In this book he addresses some of the key issues in this field: the role of history in institutional analysis, the dynamics of slow institutional change, the limitations of rational design and economic-functionalist explanations of institutional stability, and the recurrent difficulties of restraining the effects of capitalism on social order. In the classification of the 'Varieties of Capit...

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena take...

Is democracy in crisis? On the one hand, it seems to be decaying under the leadership of political elites who make decisions behind closed doors. On the other hand, citizens are taking to the streets to firmly assert their political participation across the globe.Drawing on a range of theoretical and empirical perspectives, this collection examines the multiple transformations which both the practice and the idea of democracy are undergoing today. It starts by questioning whether t...

Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provi...

Back in 1972, German political sociologist Claus Offe published a book on the Structural Problems of Late Capitalism which, for almost two decades, inspired and stimulated an international and transdisciplinary debate on the role of the state in contemporary capitalism. An academic debate which, paradoxically, began to wane as the issues about which Offe had been writing became even more prominent: the "Contradictions of the Welfare State" (the title of a collection of Offe’s main...

The Future of Representative Democracy poses important questions about representation, representative democracy and their future. Inspired by the last major investigation of the subject by Hanna Pitkin over four decades ago, this ambitious volume fills a major gap in the literature by examining the future of representative forms of democracy in terms of present-day trends and past theories of representative democracy. Aware of the pressing need for clarifying key concepts and institutional...

Debates about the role and nature of the state are at the heart of modern politics. However, the state itself remains notoriously difficult to define, and the term is subject to a range of different interpretations.In this book, distinguished state theorist Bob Jessop provides a critical introduction to the state as both a concept and a reality. He lucidly guides readers through all the major accounts of the state, and examines competing efforts to relate the state to other feature...

Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis theref...