National judges and courts as institutions for global economic governance

Camilla Capucio

doi:10.5102/rdi.v12i2.3593

Abstract

This paper aims to explore the relationship between national judges and courts and the international economic order, from the perspective of global economic governance. It is proposed, therefore, the thesis that there is room and need for active participation of these bodies as institutions of global governance, through four sections. The first section presents concepts such as international order and global governance, guiding to the succeeding reflections. The second part enters into the question of disaggregation of State and its consequences in international trade relations. Third section deals with the perspective of constitutionalism and cosmopolitan law as a project for global order, and the layers of multilevel trade governance encompassing multilateral, regional and national levels of norms and institutions. Fourth part discusses the role of national courts, understood as having also an international authority, in international economic order, focusing specially on the relation between national judiciary and the WTO Dispute Settlement Mechanism decisions. This thesis explored in the paper is an attempt to overcome the perspective of classic international law that erects a wall of separation between international order and domestic order, in what consists its main value, as a new perspective for international law as a broader instrument for global governance.

Highlights

Este trabalho tem como objetivo explorar a relação entre os juízes e os tribunais nacionais e a ordem econômica internacional, a partir da perspectiva da governança econômica global
A quarta international order is a pattern of social actions purpoparte discute o papel dos tribunais nacionais, entendi- sely oriented, to achieve primary objectives of the indos como tendo também uma autoridade internacional, ternational society, a society of states which necessarily na ordem econômica internacional e a quinta seção, por requires that states has common values and interests. 3
The most important feature of Bulls work lies in the differentiation between international society and world society, because it brings the necessity to consider rules, norms and institutions that lies beyond the state, and rethink about the management of change within international legal and normative structure of global order

Summary

The figure of state loses its primacy as we reach the

In a changing world order, states are becoming “increasingly enmeshed in a network of interdependencies and regulatory/ collaborative arrangements” 9, and to this webs of commitments it may be added, as a recent novelty, the peoples acknowledgement of their common risks and future, recognizing each other increasingly as part of humankind.10 It is necessary, for this approach, to conceive international economic law and international normative phenomenon in a broader perspective, encompassing new protagonists and structures that were once only considered in international politics, understood before as a completely different and hermetic field, as we contend that national judges are essential pillars to global governance, as we will further develop. National judges and courts may contribute as institutions for global economic governance. 22

Constitutional perspective to international law Towards a “cosmopolitan law”

42. In the third use of the idea

National Judges in this scenario

Findings

Final Considerations