How Domestic Legal Systems Respond to International Local Government Law: Between Accommodation, Resistance and Transformation

Research Handbook on International Law and Cities, Forthcoming

25 Pages Posted: 29 Oct 2020

See all articles by Carlo Maria Colombo

Carlo Maria Colombo

Faculty of Law - Maastricht University

Martijn L. P. Groenleer

Tilburg University, Tilburg Law School, Department of Law and Governance, Tilburg Center for Regional Law and Governance

Date Written: September 10, 2020

Abstract

Cities play a key role in today’s multi-level political and legal order. Due to the combined effects of decentralization, globalization and technological innovation, they are at the forefront of many pressing societal issues and use this position to develop nimble solutions thereto. Challenging the traditional state-centric perspective of international law, ‘international local government law’ shows how global institutions engage with cities directly. Specifically, these institutions promote a global model of the ideal city, defining how it should be organized, how its policies should be made, and how its relations with central authorities should be shaped. Yet, as cities are subject to national constitutional constraints and local level dynamics, this vertical interaction and its effects cannot be fully understood without considering features of the domestic legal system in which each local authority is embedded. The current chapter explores how national public law respond to the ideal city model as pursued by international local government law. Drawing on selected examples, we present a tentative framework advancing three possible responses of domestic legal systems to international local government law, namely resistance, accommodation and transformation. Moreover, a closer look at these responses reveals several challenges to the effectiveness and legitimacy of international local government law.

Keywords: Constitutional Law, Cities, Local Governance, International Law

Suggested Citation

Colombo, Carlo Maria and Groenleer, Martijn L. P., How Domestic Legal Systems Respond to International Local Government Law: Between Accommodation, Resistance and Transformation (September 10, 2020). Research Handbook on International Law and Cities, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3690232 or http://dx.doi.org/10.2139/ssrn.3690232

Carlo Maria Colombo (Contact Author)

Faculty of Law - Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

Martijn L. P. Groenleer

Tilburg University, Tilburg Law School, Department of Law and Governance, Tilburg Center for Regional Law and Governance ( email )

P.O. Box 90153
Tilburg, 5000 LE
Netherlands

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