Part 1 Verba Docent: Theoretical Debates Section I: Transnational Societal Constitutionalism: Two Perspectives 1. Societal Constitutionalism: Alternatives to State-Centred Constitutional Theory? Gunther Teubner 2. Constitutionalism or Legal Theory: Comments on Gunther Teubner Thomas Vesting 3. Polycontextuality as an Alternative to Constitutionalism Inger-Johanne Sand 4. Themis Sapiens: Comments on Inger-Johanne Sand Andreas Fischer-Lescano Section II: Two Competing Perspectives on the Legitimacy of Transnational Governance: International Relations Theory and Jurisprudence 5. Sources of Legitimacy Beyond the State: A View from International Relations Jens Steffek 6. No Legitimacy Without Politics: Comments on Jens Steffek Agustín José Menéndez Section III: Transnational Governance and Democracy: Social Philosophy, Political Science, Constitutional Theory 7. Europe at a Crossroads: Government or Transnational Governance? Erik Oddvar Eriksen and John Erik Fossum 8. Law and Non-Law in the Constitutionalisation of Europe: Comments on Eriksen and Fossum Michelle Everson Part 2 Exempla Trahunt: Five Case Studies 9. Constituting Private Governance Regimes: Standards Bodies in American Law Harm Schepel 10. Law and Constitutionalism in the Mirror of Non-Governmental Standards: Comments on Harm Schepel Errol Meidinger 11. Transnational Governance Regimes for Foods Derived from Bio-technology and Their Legitimacy Alexia Herwig 12. Legitimation of Transnational Governance Regimes: Foodstuff Regulation at the WTO: Comments on Alexia Herwig Patrizia Nanz 13. The Many Faces of the Trade-Environment Conflict: Some Lessons for the Constitutionalisation Project Oren Perez 14. The Structural Limitations of Network Governance: ICANN as a Case in Point Jochen von Bernstorff 15. ICANN and the Illusion of a Community-Based Internet: Comments on Jochen von Bernstorff Karl-Heinz Ladeur 16. Transnational Governance of Corporate Conduct through the Migration of Human Rights Norms: The Potential Contribution of Transnational ‘Private’ Litigation Craig Scott and Robert Wai 17. Human Rights, Transnational Private Law Litigation and Corporate Accountability: Comments on Scott and Wai David M Trubek Part 3 Conclusions 18. Transnational Governance without a Public Law? Christoph Möllers 19. Constitutionalism and Transnational Governance: Exploring a Magic Triangle Christian Joerges

...provides a wealth of thoughtful, informative, state-of-the-art examination of the most important issues of accountability and legitimation posed by the diverse transnational mechanisms for regulation of the global economy. Richard Stewart, John Edward Sexton Professor of Law, New York University School of Law www.globallawbooks.org, also publishished in the World Trade Review, July 2005 October 2005 Das Buch von Joerges, Sand und Teubner ist ein uberaus hilfreicher Wegweiser in der ausufernden Globalisierungs- und Konstitutionalisierungsdebatte. Rainer Grote Heidelberg Journal of International Law band 67 nr.1 2007

Exploring the normative and theoretical foundations of private law. This series of books, edited by a distinguished international team of legal scholars, aims to investigate the normative and theoretical foundations of the law governing relations between citizens. The context for such investigations of private law systems is set by important modern tendencies in systems of governance. The advent of the regulatory state marks the withdrawal of the state from direct control and management of social and economic activity, and the adoption instead of procedural regulation and co-regulatory strategies that promote the use of private law techniques of ordering and self-regulation in social and economic interactions between citizens. The tendency known as globalisation and the corresponding increases in cross-border trade produce the responses of transnational regulation of commerce and private governance regimes, and these new systems of governance challenge the hegemony of traditional national private law systems. Furthermore, these tendencies towards transnational governance regimes compel an interaction between different national legal traditions, with their differences in culture and philosophy as well as their differences based upon variations in market systems, which provokes questions not only about competing policy frameworks but also about nature and adequacy of different kinds of legal reasoning itself. The series welcomes a diverse range of theoretical approaches in the examination of these issues including approaches using socio-legal methods, economics, critical theory, systems theory, regulation theory, and moral and political theory. With the aim of stimulating an international discussion of these issues, volumes will be published in Germany, France, and the United Kingdom in one of the three languages.