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Developing the Publicness of Public International Law: Towards a Legal Framework for Global Governance Activities
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In this article, the authors propose the concept of "international public authority", which allows identifying all hard and soft mechanisms that constitute unilateral exercises of power, for such unilateral, public power to be legitimate, it needs to correspond to yet to be defined standards of public law.Abstract:
This paper develops a comprehensive framework for the legal analysis of global governance phenomena. Global governance is considered as an important analytical perspective which points out new trends in international relations. However, from a normative standpoint it is unsatisfactory, as it does not allow to single out those activities of international institutions which compromise individual self-determination. To this end, the paper proposes the concept of "international public authority", which allows identifying all hard and soft mechanisms that constitute unilateral exercises of power. For such unilateral, public power to be legitimate, it needs to correspond to yet to be defined standards of public law. After discussing current legal approaches like Global Administrative Law and constitutionalism, which all aim at the development of such standards, the paper proposes a comprehensive public law approach, which finds its basis in international institutional law. This approach would avoid the uncertainties surrounding the legal bases of principles of Global Administrative Law and the risk of constitutionalism to fail on its normative ambitions. The paper sets out the framework of a comprehensive research project on the exercise of international public authority by international institutions.read more
Citations
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Journal ArticleDOI
International authority and its politicization
TL;DR: In this article, the authors define the concept of authority-politicization nexus and argue that the increasing authority of international institutions has led to their politicization and relate this hypothesis to alternative explanations.
Journal ArticleDOI
Liquid authority in global governance
TL;DR: The authors argue that such approaches tend to underestimate the extent of authority in global governance and misunderstand its nature, leading to skewed accounts of the emergence of authority and the challenges it poses, and they call for including in analyses of global authority also liquid forms, characterized by a higher level of dynamism and typically driven by informality and institutional multiplicity.
Journal ArticleDOI
The Conceptual and Constitutional Challenge of Transnational Private Regulation
TL;DR: In this article, the authors consider the possibility of reconceptualizing the global public sphere so as better to embrace TPR regimes in their myriad forms, so that they are recognized as having similar potential for legitimacy as national and international governmental bodies and regulation.
Book
The Fragmentation of Global Climate Governance: Consequences and Management of Regime Interactions
TL;DR: Van Asselt as discussed by the authors is a research fellow at the Stockholm Environment Institute (SEI) in Stockholm, Sweden and a Visiting Researcher with the Institute for Environmental Studies (IVM) at the VU University Amsterdam.
Posted Content
Remedying Disregard in Global Regulatory Governance: Accountability, Participation, and Responsiveness
TL;DR: In this paper, a taxonomy of governance mechanisms, distinguishing three basic types of decision rules, accountability mechanisms, and other regard-promoting measures, is presented, which substantially determine whose interests and concerns are given regard by global decision makers.
References
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Posted Content
Hard and Soft Law in International Governance
Kenneth W. Abbott,Duncan Snidal +1 more
TL;DR: In this paper, the authors examine why international actors, including states, firms, and activists, create different types of legalized arrangements to solve political and substantive problems and show how particular forms of legalization provide superior institutional solutions in different circumstances.
The Emergence of Global Administrative Law
TL;DR: Global Administrative Law (GAL) as mentioned in this paper is an emerging field of international regulatory law that is influenced by international organizations, intergovernmental networks, distributed administration, and both hybrid public/private and private transnational regimes.
Book ChapterDOI
The Reformation of American Administrative Law
TL;DR: The traditional model of administrative law thus conceives of the agency as a mere transmission belt for implementing legislative directives in particular cases as discussed by the authors, which legitimates intrusions into private liberties by agency officials not subject to electoral control by ensuring that such intrusions are commanded by a legitimate source of authority.
Book ChapterDOI
Governance — Modebegriff oder nützliches sozialwissenschaftliches Konzept?
TL;DR: Gebrucker as discussed by the authors trifft fur den Governance-Begriff zu, wenn sie plotzlich in aller Munde sind, keiner aber so genau definieren kann, was eigentlich damit gemit gemeint ist.