Democracy and globalization : legal and political analysis on the eve of the 4th industrial revolution / edited by Charlotte Sieber-Gasser and Alberto Ghibellini.

Format:

Book

Contributor:

Sieber-Gasser, Charlotte, editor.

Ghibellini, Alberto, editor.

Series:

Economic Analysis of Law in European Legal Scholarship

Economic Analysis of Law in European Legal Scholarship ; v.10

Language:

English

Subjects (All):

Globalization--Political aspects.

Globalization.

Physical Description:

1 online resource (292 pages)

Edition:

1st ed.

Place of Publication:

Cham, Switzerland : Springer, [2021]

System Details:

Mode of access: World Wide Web.

Summary:

This book offers in-depth legal and political analysis concerning the compatibility of the Westphalian state model with globalization and the digital revolution.It explores the concept of democracy in a globalized world, discusses the legitimacy of economic integration in the global market, and presents three case studies (from Brazil, Taiwan and.

Contents:

Intro

Foreword

Contents

Prologue

References

Part I: ``Democracy´´ on the Eve of the 4th Industrial Revolution

An Untenable Compromise? Liberal Democracy Between Populism and Globalization

1 Introduction

2 On the Genealogy of ``Liberal Democracy´´

3 Why Is Liberal Democracy in Crisis? What Is Globalization´s Role in This Regard?

4 Back to the Liberal Roots of Globalization

5 Conclusion: Liberal Globalization vs ``Populism´´

From Formal to Radical: Tracing the Democratic Argument in Global Law

2 Habermas and the Civilization of Legal Authority in the Global Realm

2.1 Democratic Legal Authority and International Relations

2.2 Institutional Reform as a Response to Plurality

2.3 Between Kant´s Utopia and Normative Pragmatism

3 Normative and Systemic Unity Through Argumentative Rationality

3.1 Legal Communication Culture: A Universal Code of Legality?

3.2 Systemic Unity Through Language

3.3 Structural Coherence of Global Legal Rationality

4 Preserving the Publicness of Global Law

4.1 Global Governance as Administrative Action

4.2 Preserving the Publicness of International Public Authority

4.3 A Public Sphere Without Democratic Input?

5 Overthrowing the Form: Radical Democratic Approaches

5.1 Social Movements as Constitutional Subjects

5.2 The Ontology of Conflict: Radical Democracy as Political and Legal Theory

5.3 Productive Conflict without Procedures?

6 Conclusion: The Democratic Dilemma

Part II: ``Statehood´´ on the Eve of the 4th Industrial Revolution

The Scope of the State as a Function of Transaction Costs: How Will Digitization Change the Role of Public Law?

2 Transaction Cost Perspective as a Methodical Approach

2.1 Origin and Context of the Proposed Analytical Framework.

2.2 The Concept of Transaction Costs

2.3 Added Value of the Approach

3 Changes in Transaction Costs as the Common Effect of All Manifestations of Digitization

3.1 Attempts to Project Regulatory Approaches from the Analogue World into the Digital World

3.2 State Withdrawal Due to Changed Transaction Costs

3.3 Expansion of State Activity Due to Changes in Transaction Costs

3.4 Particular Need for States to Deal with Enforcement Costs

4 From the Theoretical Approach to an Operational Analytical Framework

Westphalian Sovereignty and the 4th Industrial Revolution: In Search of Legitimate Governmental Control Over Online Content

2 Westphalian Sovereignty and Internet Content Regulation

2.1 Conceptualising Westphalian Sovereignty

2.1.1 Westphalian Sovereignty Facing Its Alternatives

2.2 Conceptualising Internet Content Regulation

2.2.1 Internet Intermediaries

2.2.2 Internet Content Regulation from the Territorial State

2.2.3 Territorial States and Their Internet Intermediaries

3 Seven Models of Internet Content Regulation

3.1 Models 1 and 2: The Internet as Self-governing

3.1.1 Ineffective States, Multiple Authorities

3.1.2 Anarchy or Freedom?

3.2 Models 3 and 4: Private Internet Governance

3.2.1 Pluralism as Assumption

3.2.2 Local Norms and Global Intermediaries

3.2.3 Private Regulation and State Responsibilities

3.3 Model 5: A United Nations-Led Internet?

3.3.1 The `One Internet´ Approach

3.3.2 The `Internet Sovereignty´ Approach

3.3.3 `One Internet´ and Westphalia

3.4 Model 6 and 7: Alignment and Fragmentation

3.4.1 Alignment: Territorial Control Over the Internet

3.4.2 The Fear of Fragmentation

3.4.3 Alignment to Local Norms and Values

4 Alignment as a Westphalian Approach to Internet Content Regulation.

4.1 Challenges of Alignment

4.2 Tools for Alignment

5 Conclusion: A Westphalian Approach to Internet Content Regulation?

Table of Cases

Legislation

Part III: ``Free Speech and Social Media´´ on the Eve of the 4th Industrial Revolution

Dealing with Disinformation from the Perspective of Militant Democracy: A Case Study of Taiwan´s Struggle to Regulate Disinfor...

1 Introduction: Disinformation, Militant Democracy, and Taiwan

2 Can the Concept of Militant Democracy Contribute to Facing Issues of Disinformation?

2.1 The Concept of Militant Democracy

2.2 Echoes and Lessons

3 Regulatory Struggles in Taiwan

3.1 Background

3.2 Basic Legal Framework and Strategies

3.3 Regulatory Controversy

4 Review of the Taiwan Case

4.1 The Militant Democracy Perspective

4.2 Suggestions

5 Conclusion

The Brazilian Case: The Effect of Social Media on a Democratic Regime of Today

2 The Brazilian Presidential Elections of 2018

3 The Fake News Problem

4 Polarization, Social Media and Democracy as Public Justification

`Cambridgenalization´ in Politics? The Spanish Act 3/2018, December 5, Data Protection Regulation and the Future of Democracy

1 The Spanish Act 3/2018, December 5, Data Protection Regulation and Digital Rights. A Legal Cambridge Analytica?

2 Governments, Big Corporations and the End of Privacy?

3 Conclusion

Part IV: ``Legitimacy´´ on the Eve of the 4th Industrial Revolution

Flexibility in International Economic Law vs. Pacta Sunt Servanda

2 Dependency of International Economic Law from State Consent

3 WTO Agreements and the Reality of a Globalized Market

4 The Role of Flexibilities in Legitimacy

5 Why Pacta Sunt Servanda Plays a Critical Role.

6 Concluding Remarks

Participation in Standard Setting for the Agro-food Industry

2 The Global Food Trade System

3 The WTO Framework for the World Food Trade and Its Gaps

3.1 The SPS Agreement

3.2 The TBT Agreement

3.3 Governance Gaps of the WTO System for Agricultural Trade

4 Voluntary Private Standards

5 Participation as a Way to Create Legitimacy

6 Standard Setting in the WTO System and the Voluntary Private Standards System

6.1 Standard Setting in the Codex Alimentarius Commission (CAC)

6.2 Standard Setting in the World Organisation for Animal Health (OIE)

6.3 Standard Setting by the International Plant Protection Convention (IPPC)

6.4 Standard Setting in Voluntary Private Standards

6.5 Comparing the Ways to Create Legitimacy

7 Conclusion

Part V: ``Citizenship´´ on the Eve of the 4th Industrial Revolution

The Questionable Role of Experts in Global Governance

2 Knowledge, Power Relations and the Role of Experts

3 Experts and the Language of Dichotomies

4 Toward More Accountability and More Democratic Processes

5 Conclusions

Experts, Citizens, and the Politics of Common Sense

2 Background: From Antiquity to Modernity

2.1 The Ancients and Common Sense

2.2 Modernity, Positivism, and Expert Knowledge

3 Common Sense: The Starting Point of Political Life

3.1 The Sensual Origin of Common Sense

3.2 The Non-Rational Origin of Common Sense

4 Political Action: Change vs. Preservation

Addendum: An Essai in Conjectural History

Epilogue

References.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

3-030-69154-3

OCLC:

1248732186