Democracy Captured: The Mega-Regional Agreements and the Future of Global Public Law

GlobalTrust Working Paper Series 08/2015

23 Pages Posted: 20 Aug 2015

See all articles by Eyal Benvenisti

Eyal Benvenisti

University of Cambridge - Lauterpacht Centre for International Law

Date Written: August 1, 2015

Abstract

The negotiations over the Transatlantic Trade and Investment Partnership (TTIP) and the Trans Pacific Partnership (TPP) exemplify the efficacy and the consequences of fragmentation as a “divide and conquer” strategy. By choosing this negotiating strategy and by maintaining secrecy over the contents of the envisioned rules, the negotiators exclude diverse stakeholders in developed and developing countries who will be affected by agreements that are set to establish rules for the global economy. This Essay outlines the challenges to democracy – both at the domestic level and at the global level – posed by these negotiation processes and by their envisioned outcomes. It then moves on to assess the potential institutional responses that might eventually arise and replicate, at the global level, checks and balances among stakeholders that have traditionally been secured domestically by national constitutions and enforced by national courts and legislatures.

Suggested Citation

Benvenisti, Eyal, Democracy Captured: The Mega-Regional Agreements and the Future of Global Public Law (August 1, 2015). GlobalTrust Working Paper Series 08/2015. Available at SSRN: https://ssrn.com/abstract=2646882 or http://dx.doi.org/10.2139/ssrn.2646882

Eyal Benvenisti (Contact Author)

University of Cambridge - Lauterpacht Centre for International Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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