The New Confederalism: Treaty Delegations of Legislative, Executive, And Judicial Authority. (Symposium on Treaties, Enforcement, And U.S. Sovereignty) - Stanford Law School

The New Confederalism: Treaty Delegations of Legislative, Executive, And Judicial Authority. (Symposium on Treaties, Enforcement, And U.S. Sovereignty)

By Stanford Law School

  • Release Date - Published: 2003-05-01
  • Book Genre: Law
  • Author: Stanford Law School
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The New Confederalism: Treaty Delegations of Legislative, Executive, And Judicial Authority. (Symposium on Treaties, Enforcement, And U.S. Sovereignty) Stanford Law School read online review & book description:

INTRODUCTION One of the most notable developments that has accompanied globalization is the revitalization of the confederal form of governance. The European Union is undoubtedly the most dramatic example. Indeed, the European Union is either rapidly approaching or has already crossed the elusive line which separates a purely confederal arrangement from a genuine federal government. The phenomenon of confederalism, broadly conceived, however, is not a unique regional development. From NAFTA and the WTO to the Chemical Weapons Convention, the Kyoto Protocol and the International Criminal Court, states are rapidly creating new international organizations and endowing them with significant legislative, executive, and judicial authority. Although the immediate precedents for this development are the international organizations which began to be formed during the nineteenth century, culminating in the League of Nations and United Nations systems, these modern confederacies trace their roots back much further, to the ancient confederacies of the Greek city-states; the early modern Dutch, German, Swiss, and American confederacies; and the utopian schemes for a European Confederacy of the Abbe St. Pierre and Henry IV, which inspired both Rousseau and Kant. (1) Of course, the new confederacies, as I will call them, differ in many respects from their historical forebears, but the phenomena are closely enough related to make it sensible, I believe, to speak of a New Confederalism. (2)

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