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Sandra Teichert
Leuphana University Lueneburg, Germany, sandra.studium@gmail.com.

Zhuoyan Lu
University of Lapland, Finland, zlu@ulapland.fi.
Article

National Space Legislation for Emerging Space-Capable Nations

Journal International Institute of Space Law, Issue 1 2012
Authors Joyeeta Chatterjee, Christopher Johnson and Aleksandra Puścińska
Author's information

Joyeeta Chatterjee
Space Generation Advisory Council, Canada, joyeeta.chatterjee@mail.mcgill.ca.

Christopher Johnson
Space Generation Advisory Council, United Kingdom and United States of America, johnson.c@gmail.com.

Aleksandra Puścińska
Kings College London, United Kingdom and Poland, apuscinska@gmail.com.

Olavo de O. Bittencourt Neto
University of São Paulo, Brazil, olavo.bittencourt@usp.br.
Discussion

Access_open Hybrid Constitutionalism, Fundamental Rights and the State

A Response to Gunther Teubner

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords societal constitutionalism, Gunther Teubner, system theory, fundamental rights
Authors Gert Verschraegen
AbstractAuthor's information

    This contribution explores how much state is necessary to make societal constitutionalism work. I first ask why the idea of a global societal constitutionalism ‘beyond the state-and-politics’ might be viewed as a significant and controversial, but nonetheless justified innovation. In the second part I discuss what Teubner calls ‘the inclusionary effects of fundamental rights’. I argue that Teubner underplays the mediating role of the state in guaranteeing inclusion or access, and in a way presupposes well-functioning states in the background. In areas of limited statehood there is a problem of enforcing fundamental rights law. It is an open question whether, and under which conditions, constitutional norms within particular global social spheres can provide enough counter-weight when state constitutional norms are lacking.


Gert Verschraegen
Gert Verschraegen is Assistant Professor of Theoretical Sociology at the University of Antwerp, Belgium.
Article

Access_open Transnational Fundamental Rights: Horizontal Effect?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords fundamental rights, societal constitutionalism, inclusionary and exclusionary effects, anonymous matrix
Authors Gunther Teubner
AbstractAuthor's information

    Violations of human rights by transnational corporations and by other ‘private’ global actors raise problems that signal the limits of the traditional doctrine of ‘horizontal effects’. To overcome them, constitutional law doctrine needs to be complemented by perspectives from legal theory and sociology of law. This allows new answers to the following questions: What is the validity basis of human rights in transnational ‘private’ regimes – extraterritorial effect, colère public or external pressures on autonomous law making in global regimes? Do they result in protective duties of the states or in direct human rights obligations of private transnational actors? What does it mean to generalise state-directed human rights and to respecify them for different social spheres? Are societal human rights limited to ‘negative’ rights or is institutional imagination capable of developing ‘positive’ rights – rights of inclusion and participation in various social fields? Are societal human rights directed exclusively against corporate actors or can they be extended to counteract structural violence of anonymous social processes? Can such broadened perspectives of human rights be re-translated into the practice of public interest litigation?


Gunther Teubner
Gunther Teubner is Professor of Private Law and Legal Sociology and Principal Investigator of the Excellence Cluster ‘The Formation of Normative Orders’ at the Goethe-University, Frankfurt/Main. He is also Professor at the International University College, Torino, Italy.

Diane Howard
McGill University, Montreal

Prof. Irmgard Marboe
University of Vienna

Jonathan F. Galloway
Lake Forest College

Philippe Clerc
Centre National d’Etudes Spatiales (CNES)

Tanja Masson-Zwaan
President IISL

Sergio Marchisio
President ECSL

Stefani Bär
Ecologic, Pfalzburgerstr. 43-44, 10717 Berlin.

Silke Albin

Jutta Limbach
President of the German Federal Constitutional Court. Translated by Iain L. Fraser.

Maria Dakolias
M. Dakolias is counsel in the World Bank's Legal Department where she works on legal and judicial reform projects. The views expressed in this article are her views and not those of the organization she represents.

Javier Said
J. Said is an international consultant for innovation and technology management projects for the public sector including judicial reform. The authors wish to thank Judge John Lockhart for his comments. In addition, they wish to thank Alexandra Hunneus for her research assistance.

Christa Tobler
Leiden University, the Netherlands (EC law) and Basel University, Switzerland (gender law)

Ulrich Ernst

Dieter Henrich
Prof. Dr.Dr.h.c., Universität Regensburg.

Toshiyuki Kono

Patricia Popelier
Professor at the University of Antwerp, Post-Doctoral Researcher for FWO-Flanders (Fund for Scientific Research).
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