ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

122 POST-NATIONALISM,
GLOBALIZATION, AND BEYOND
Panel formed with individual proposals.
Participants Lucila de Almeida
Inger Johanne Sand
Maria Adele Carrai
Danielle Hanna Rached
Gonzalo Villalta Puig
Fulvio Costantino
Name of Chair Maria Adele Carrai
Room BE2 E44/46
Lucila de Almeida: Radicalizing Pluralism: three
steps towards mandatory network
Global economy has triggered dramatic changes in
our society as well as on our traditional understanding
of how law regulates markets. As a response to deemphasis
of regulation enclosed in territorial jurisdiction
of states new modes of norm and norm-making
new forms of adjudication and dispute settlement
have emerged and co-existed with old ones to fulfil
the regulatory demands of the global economic order.
This paper will shed light on the new phenomenon at
transnational level when well-known model of voluntary
regulatory networks has been transformed into mandatory
network and empowered to make binding norms.
In other words law. We claim that throughout the two
last decades the transnational regulatory regimes in
the European energy markets have moved from transnational
non-binding self-regulatory regimes issued
by voluntary networks of stakeholders to coercive supranational
regimes of hybrid regulation designed by
mandatory networks. This is what I call radicalizing
pluralism.
Inger Johanne Sand: The lack of self-reflection
of democratic constitutional states under
conditions of globalization – in legal and political
communication
A predominant part of domestic law and politics is
dependent on or strongly influenced by international
obligations, decisions by international bodies and various
forms of cooperation. Still, however, in much of the
political and legal domestic discourse and authoritative
texts a clear distinction between international and domestic
affairs and a lack of argumentation concerning
the interedepndence seems to be maintained. Nordic
states have since 1945 participated actively in international
cooperation, organisations and treaties. A study
of Norwegian government documents and preparatory
works shows that international cooperation is adressed
in a dualistic and simplified manner distinguishing
clearly between Norwegian and international/European
interests. There is a lack of self-reflection on the
position of Norway as part of Europe and of the world.
Maria Adele Carrai: Global legalism: Where does
Chinese exceptionalism fit?
Global legalism seems on rise. Such scholarship is
grounded on a moral monism that perceives Chinese
approach to the universal values and the global legal
order promoted by it as exceptional. It is argued that
discussing China simply in terms of exceptionalism
limits not only our understanding of the assumptions
that underpin the current international legal order but
also a proper dialogue with China for envisioning new
ones. After having looked at Chinese approach toward
the elements that constitute the so-called Trinitarian
mantra (human rights, rule of law, democracy) of
global constitutionalism, the paper looks at the limits
of adopting the notion of “exceptionality” in defining
Chinese international behaviour. Lastly, moving from
Rawls’ theory of decent hierarchical society, the paper
will call for a more pluralistic approach to a possible
global legal order to come, more capable of taking into
account Chinese tradition and experience.
Danielle Hanna Rached: Turning the World
Health Organization accountable
The goal of this project is to scrutinize the World
Health Organization (WHO), particularly its emergency
committees, through the lenses of accountability.
These emergency committees have a significant power
to determine the actions states are required to adopt
in light of situations classified as “public health emergency
of international concern”. The Ebola outbreak, for
example, was first notified in March 2014, but only in
August 2014 did the WHO Director-General declared
the situation a “public health emergency” and started
to act accordingly. The WHO was criticized by its hesitation.
To make matters worse, the death toll of the
virus claimed around 11.000 lives in debilitated states
of West Africa. The conceptual and analytical work
proposed in the project aims at creating an agenda
of institutional scrutiny and improvement for the WHO.
Gonzalo Villalta Puig: The Construction and
Interpretation of the Principle of Free Trade
under Economic Constitutions: From Preferential
Trade Areas to Federal Markets
Free trade is a norm that conceives the sale and
purchase of goods and services among or within sovereign
states and customs territories as an exchange
without government discrimination. As such, it constitutionalises
the political economy of jurisdictions.
This paper discusses the constitutionalisation of free
trade in the process of economic integration at all
governance levels of political economy. It reviews the
construction and interpretation of the principle of free
trade under economic constitutions through a sample
of model jurisdictions, from a preferential trade area to
a federal market. The aim of the paper is to establish
that the free trade jurisprudence of supranational and
international, regional and cross-regional non-unitary
market jurisdictions is significant to the constitutional
Concurring panels 172