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1. Introduction -- 2. Democracy, national administration and the European constitution -- 3. Administrative discretion : a restriction to free movement -- 4. The European constitution, democracy and administrative discretion -- 5. Administrative discretion and democracy : a Nordic perspective -- 6. Balancing rule of law and national administrative discretion : a dilemma for a European democracy -- 7. The European constitution, welfare states and democracy.

This book explores how the right to the free movement of goods, persons, services and capital in the European Union legal order affects welfare states. These "four freedoms", as they are known, are vital instruments for the protection of a European market unencumbered by internal frontiers. The European Constitution, Welfare States and Democracy explore the relationships and conflicts that have emerged between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular, it examines the threat posed to the discretionary powers enjoyed by national governments and administrative authorities. Christoffer C. Eriksen has undertaken a comprehensive analysis of a series of judgments in which the European Court of Justice has clearly indicated the ways in which the four freedoms may be incompatible with the current practice of entrusting national administrative authorities with discretionary powers and thus highlights how the four freedoms are provoking democratic dilemmas, previously neglected in the academic literature. The book is written in a style which communicates beyond an audience of specialized legal scholars and although it includes analysis of black letter law, its methodology also draws from the disciplines of philosophy, political science, and sociology

Even if international judicialization is far from being new, after the Second World War the relationships between states have increasingly been handled by international organizations, lead by the United Nations. The consequence of this change has been four folded: diplomats have been replaced by lawyers; the relationship between states has been solidified; conflicts between different industries have been internationalized; and the sovereignty of the state has been jeopardized. L. Pitkaniemi

Preliminary Material /Christoffer C. Eriksen and Marius Emberland -- Introduction Polycentric Decision-making Structures and Fragmented Spheres of Law: /Ivar Alvik , Marius Emberland and Christoffer C. Eriksen -- New International Law and Its Doctrine Thinking Outside the "Westphalian Box": /Stéphane Beaulac -- Jurisdictional Competition between International Courts and Tribunals: /Nikolaos Lavranos -- International Relations and New International Law Piercing the Tattered Veil: /Antoine Buyse -- The Power of Administration: /Ole Jacob Sending -- Investment and Property The Hybrid Nature of Investment Treaty Arbitration – Straddling the National/International Divide /Ivar Alvik -- Competing Notions of Property Rights: /Ingunn Ikdahl -- Human Rights and Humanitarian Law International Human Rights Law and International Humanitarian Law: /Natasha Balendra -- Rapprochement and Misrecognition: /Kristin Bergtora Sandvik -- On the History of New International Law A Non-territorial Ethnic Network and the Making of Human Rights Law: /Moria Paz -- Internationalization of Criminal Law What's in the ICC for States? /Jo Stigen -- International Security and War 'Securitizing' Development: /Aristotle Constantinides -- Constitutional Underpinnings for Conscientious Objection in Allegiance to International Public Law Norms pertaining to War /Cecilia M. Bailliet -- Environmental Regulation Sustainable Development in Practice: /Christina Voigt -- What May Be the New International Environmental Law? /Nicolai Nyland.

This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled "The New International Law".The conference was subtitled "Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?" This subtitle signals the most important elements of the conference's main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are importan

AbstractAt the end of the UN's Decade of Education for Sustainable Development there are few, if any, indications of comprehensive educational reforms meeting the challenges of sustainable development. Rather, a central aim for current educational reforms appears to be improvement of student performance on national and international educational assessments, such as the Organization for Economic Cooperation and Development (OECD)'s Programme for International Student Assessments (PISA). Against this background, this article explores the relationship between the UN's measures to promote education for sustainable development (ESD) and the OECD's measures to assist the development of education policy through PISA. The article finds that there are asymmetries in the ways these two different measures shape education systems. Moreover, the article also finds tensions between the educational practices associated with ESD, and those associated with ambitions to improve scores on PISA and other tests.