Habermas, market-friendly human rights, and the revisibility of economic globalization
Bibliographic Data
| ID | 4525438 |
|---|---|
| Authors | David Schneiderman (0000-0002-3463-3610, corresponding author) |
| Year | 2004 |
| Volume | 8 |
| Issue | 4 |
| Pages | 419-436 |
| Publication date | 2004-12-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Citizenship Studies (JOURNAL) |
| Journal identifiers | ISSN: 1362-1025 • E-ISSN: 1469-3593 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/1362102052000316007 |
| OpenAlex | W1975193235 |
| Language | EN |
| References cited | 26 |
This article examines the impacts, on citizenship rights, democratic practice and public policy, of the constitution‐like regimes for the protection of investor rights embedded within contemporary international investment treaties. It argues that a central objective of these investment treaties is to remove specific governmental functions from the stock of policy instruments available to national governments and to democratic polities. Drawing upon Habermas' discourse‐theoretic approach to law and democracy, the article argues that national states have the room to deviate, if not withdraw from the current configuration of economic rights advanced and enforced through international investment treaties. A robust proceduralist approach to rights and democracy would subject these agreements to critical democratic practice and open space to revise and roll back some of the rules and institutions associated with economic globalization
Citizenship · Constitution · Democracy · Economic globalization · Economics · Globalization · Human rights · Law and economics · Political economy · Political science · Politics · Corporate Law and Human Rights · Environmental law and policy · International Arbitration and Investment Law · Law
World Development Report 1997
The New Property
The Great Transformation
Institutions, Institutional Change and Economic Performance
Global Political Economy and Social Reproduction
Transnational Capitalist Class, The
Power, Production and Social Reproduction
Reflections on Habermas on Democracy
The Postnational Constellation
Habermas's Constitution
The Legitimacy of Legality
The Basis of Protection to Citizens Residing Abroad
Between Facts and Norms
On Reconciling Cosmopolitan Unity and National Diversity
| Highly cited | No |
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