“In through the back door“: Empirical findings on third countries as EU environmental legislators
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...
Citizenship by investment naturalization and the globalization of Citizenship Law
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,...
Democracy: The Balance of Globalization and Nation-State
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...
Democratization by international organizations: EU and Romania
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...
Dilemmas and Limits for Constitutional Courts to Defend Democracy in an Era of Deep Globalisation
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...
The rise of global governance and liquid authority: new challenges for Public Law from a Brazilian historical perspective
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...