International legal scholarship has traditionally celebrated the possibility of individuals being considered as subjects of international law. This book challenges that narrative, and reveals hidden patterns in the way we think about legal subjects in global governance. Building on the notion of a risk society, this book argues that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times. An innovative contribution that draws on a wealth of international legal materials (including human rights, EU law, international economic law, and international organizations), this book is useful to those with an interest in international legal theory, new approaches to international law, global constitutionalism, and global administrative law.
René Urueña, Professor and Director of the International Law Program, Universidad de Los Andes (Bogotá, Colombia). He earned his doctorate in law at the University of Helsinki (eximia cum laude, 2010), and has published widely on international law and global governance.
Table of contents
ACKNOWLEDGEMENTS; INTRODUCTION. WELCOME TO GLOBAL GOVERNANCE 2.0; The argument in brief; The book’s organization;
CHAPTER 1. AN ENORMOUS ARCHIPELAGO OF SELF-CONTAINED SUBJECTIVITIES
A. Risk societies, or how uncertainty paves the path to global governance
B. Subjectivation in risk society
C. Governance in the context of extreme uncertainty
D. International law constitutes global subjects
E. Fragmented law constitutes fragmented subjects
F. Beyond citizenship
G. Defining global governance and limiting the scope
CHAPTER 2. IN SEARCH OF INTERNATIONAL HOMO ECONOMICUS
A. The expansion of international economic law
B. Risk society and international economic law
C. Subjectivation in international economic law
D. Homo economicus in practice: The case international investment law
CHAPTER 3. EMPTY SOULS: SUBJECTIVATION IN INTERNATIONAL HUMAN RIGHTS LAW
A. The expansion of the international human rights law
B. Risk society and human rights law
C. The Individualism of Human Rights Law
D. The subjectivation process in Human Rights Law, Phase One: Agency and Dignity
E. The subjectivation process in Human Rights Law, Phase Two: Bureaucratization and expertise as technologies of subjectivation.
CHAPTER 4. COMMUNAL SUBJECTS: SUBJECTIVATION IN GLOBAL LAW
A. Backlash! Global constitutionalism and Global Administrative Law as a reaction to fragmentation
B. Unintended consequences: The birth of the communal subject
C. Diverging notion of “community” and subjectivation
D. Further Steps: Subjectivation through participation in global governance
METHODOLOGICAL INTERMEZZO: PARTICIPATION AS A TECHNOLOGY OF SUBJECTIVATION IN GLOBAL LAW
A. Sense and methodology
B. Unpacking participation as an analytical unit
C. Legitimacy as the ultimate justification of participation
D. End of the intermezzo
CHAPTER 5. PARTICIPATION AND SUBJECTIVATION BY GLOBAL JUDICIAL BODIES
A. Communal subjectivation at the International Court of Justice
B. Communal subjectivation in foreign investment arbitration
C. Communal subjectivation in dispute settlement at the World Trade Organization
CHAPTER 6 .
PARTICIPATION AND SUBJECTIVATION BY GLOBAL NON-JUDICIAL BODIES
A. Subjectivation and participation before intergovernmental organizations: The NGO experience
B. Subjectivation and participation before the European Union
C. Subjectivation and participation before regulatory networks
CHAPTER 7. SUBJECTIVATION AND EXPERTISE AS A TECHNOLOGY OF GLOBAL GOVERNANCE
A. Reconnecting humanity with global governance
B. Agency in subjectivation, revisited
C. How to start thinking about expertise in global governance?
NO CITIZENS HERE: BY WAY OF CONCLUSION
Those with an interest in international legal theory, new approaches to international law, global constitutionalism and global administrative law, as well as international relations scholars and those working on the risk – international law nexus.