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Irritating nation-state constitutionalism
Gunther Teubner

irritations are being met with considerable resistance. Can transnational regimes become suitable constitutional subjects, that is, are they social institutions capable of having their own constitution? Constitutional lawyers have raised this question and answered it with a resounding ‘No!’ 9 In their view, only nation states can be constitutional subjects – not international organisations or transnational

in Critical theory and legal autopoiesis
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Legal pluralism in the world society
Gunther Teubner

global administration to speak of, despite the existence of numerous international organisations. Perhaps the most interesting and dynamic phenomenon within law's empire itself is the development of private worldwide law offices, of multinational law firms which tend to take a global perspective of conflict regulation. 19 Thus, if neither Ehrlich's state law nor his lawyers’ law

in Critical theory and legal autopoiesis
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The vain search for legal unity in the fragmentation of global law
Andreas Fischer-Lescano and Gunther Teubner

different international organisations and regulatory regimes. In this political perspective, collisions between legal norms are merely a mirror of the strategies followed by new collective actors within international relations, who pursue power-driven ‘special interests’ without reference to a common interest and give rise to drastic ‘policy conflicts’. Neither doctrinal formulas of legal unity, nor the

in Critical theory and legal autopoiesis
The logics of ‘hitting the bottom’
Gunther Teubner

established themselves in the transnational sphere with an astounding density. 41 Despite the failure of the constitutional referendum, it is now only rarely disputed that the European Union has its own independent constitutional structures. 42 But other international organisations, transnational regimes and their networks also are not only highly juridified by now; they have become part of a global – if

in Critical theory and legal autopoiesis
Memory, leadership, and the fi rst phase of integration (1945– 58)
Peter J. Verovšek

world wars – one following so closely on the other – gave postwar European leaders who had lived through these events the specific cognitive, motivational, and justificatory resources that led them to endorse the creation of the first European community , which was not merely an international organisation or confederation. My basic conclusion is that the development of the ECSC proceeded on this model, ‘Only because certain leaders … chose “community” projects.’ The supranational character of the EU – in the sense that it is able to make decisions independently of

in Memory and the future of Europe
Eurosclerosis (1959– 84) and the second phase of integration (1985– 2003)
Peter J. Verovšek

following their vetoes, he reaffirmed his beliefs: ‘It is only the states that are valid, legitimate and capable of achievement. I have already said, and I repeat, that at the present time there cannot be any other Europe than a Europe of states.’ 34 If he could not change the EEC with a new political initiative, he would do so by attacking the parts of the existing Treaty of Rome (1958) that he did not like, i.e. the provisions that ‘set it apart most sharply from traditional international organisations.’ 35 De Gaulle’s opportunity came in the summer of 1965. Starting

in Memory and the future of Europe