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79 Law & Contemp. Probs. 1 (2016)
Subsidiarity in Global Governance

handle is hein.journals/lcp79 and id is 323 raw text is: SUBSIDIARITY IN GLOBAL GOVERNANCE MARKUS JACHTENFUCHS* NIco KRISCH** I INTRODUCTION Global governance is expanding fast and in different directions, often without a clear or principled framework to guide institutional creation and change. Formal international institutions, intergovernmental networks, and private authorities operate side by side, sometimes in unison, sometimes in conflict, and all of them have close relations with a variety of domestic political actors. Yet the rise of authority on the global level has provoked increasing challenges, and calls for a more principled approach to allocating powers among different sites of governance have grown louder in recent years. One principle often put forward in this context is subsidiarity.' Subsidiarity is typically understood as a presumption for local-level decisionmaking, which allows for the centralization of powers only for particular, good reasons. The principle is widely seen as an attractive starting point for thinking about, and designing, the vertical distribution of powers in multilevel systems, as it reflects the idea that self-government is typically more meaningful on a smaller scale.2 Yet the indeterminacy of the principle, as well as Copyright @ 2016 Markus Jachtenfuchs and Nico Krisch. This article is also available at http://www.lcp.duke.edu/. * Professor of European and Global Governance, Hertie School of Governance, Berlin. ** Professor of International Law, Graduate Institute of International and Development Studies, Geneva; Research Coordinator, Global Governance Programme, Institut Barcelona d'Estudis Internacionals (IBEI). This introduction has benefited enormously from the papers and discussions at two workshops in November 2012 and in June 2014 at the Hertie School of Governance, and we very much thank the participants at these two workshops, especially the discussants, Joseph Weiler and Michael Zilrn, for their comments. We also gratefully acknowledge the research assistance by Lukas Paul Fesenfeld, Paula Kift, Gunnar Mokosch, and Thnia Foix, and the comments received both at the European University Institute in Florence and at the research college on the transformative power of Europe, Free University Berlin, particularly by Thomas Risse. 1. See, e.g., THE SHIFTING ALLOCATION OF AUTHORITY IN INTERNATIONAL LAW: CONSIDERING SOVEREIGNTY, SUPREMACY AND SUBSIDIARITY (Tomer Broude & Yuval Shany eds., 2008); DAVID HELD, DEMOCRACY AND THE GLOBAL ORDER (1995); Andreas Follesdal, The Principle of Subsidiarity as a Constitutional Principle in International Law, 2 GLOBAL CONSTITUTIONALISM 37 (2013); Mattias Kumm, The Legitimacy of International Law: A Constitutionalist Framework of Analysis, 15 EUR. J. INT'L L. 907 (2004); Robert Howse & Kalypso Nicolaidis, Enhancing WTO Legitimacy: Constitutionalization or Global Subsidiarity?, 16 GOVERNANCE 73 (2003). 2. See, e.g., FEDERALISM AND SUBSIDIARITY (James E. Fleming & Jacob T. Levy eds., 2014); GLOBAL PERSPECTIVES ON SUBSIDIARITY (Michelle Evans & Augusto Zimmermann eds., 2014)

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