How to constitute a global community through international law and jurisprudence?

Abstract

United Nations law and the World Trade Organization have failed to prevent today’s unprecedented global governance problems undermining human rights and the UN sustainable development goals (SDGs). Limiting the related abuses of public and private power requires democratic struggles for constitutional and democratic rights and judicial remedies limiting multilevel governance powers. The more China, Russia, the United States, and other veto-powers in the UN Security Council prioritize nationalism and hegemonic rivalries, the more difficult becomes the task of institutionalizing public reason and human and constitutional rights for holding multilevel governance more accountable. European integration law illustrates the institutions necessary for transforming the constitutional ideals underlying UN law into more effective restraints on power-oriented UN legal practices. Constitutional construction of transnational community law can succeed only if driven by democratic and judicial institutions supporting public-private partnerships in multilevel protection of the SDGs.