Advanced Introduction to Global Administrative Law

2021 ◽  
Author(s):  
Sabino Cassese ◽  
Keyword(s):  
International Institutions ◽  
Administrative Law ◽  
National Governments ◽  
Global Law ◽  
Civil Societies

Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)

2012 ◽  
Vol 11 (2) ◽  
pp. 199-251 ◽  
Author(s):  
Peter C. Hansen
Keyword(s):  
World Bank ◽  
Administrative Law ◽  
International Treaties ◽  
Quarter Century ◽  
Legal Principles ◽  
The World Bank ◽  
The World ◽  
Contract Of Employment ◽  
External Sources ◽  
National Governments

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

Implementation of the Good Governance Principles on the International Level

2019 ◽  
pp. 263-269
Author(s):  
Henk Addink
Keyword(s):  
International Law ◽  
International Institutions ◽  
Dispute Settlement ◽  
Good Governance ◽  
Environmental Law ◽  
Administrative Law ◽  
Transition Elements ◽  
Legitimate Expectation ◽  
Wto Dispute Settlement ◽  
Policy Fields

By the end of the twentieth century, the concept of good governance was applied in specific policy fields like international environmental law and in the more general frame of policy by the international organizations. The good governance perspective has also been developed in the context of globalizing administrative law. At present, the implementation of good governance has a much broader meaning than it did twenty years ago. The concept is clearly in development and transition. Elements such as propriety, transparency, participation, accountability, accountability and human rights have been added to the concept. All these elements have been incorporated into several documents over the course of time. Within the framework of the Council of Europe, the ECtHR develops its own interpretation of the principle of good governance in the review of government action. We see that the principles of international law and more specifically the principle of effectiveness and the principle of legitimate expectation have been applied by the WTO Dispute Settlement Body. At the grassroots of international law, good governance has been accepted as a principle of law, in national legal systems, and from there in regional and international institutions. So, it functions as a norm for the administration and the court uses elements of the principle in its review. The concept is applied as such and in the different policy fields. In describing the conditions for principles of international law we conclude that the good governance principle is a principle of international law.

Holding Intergovernmental Institutions to Account

2003 ◽  
Vol 17 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Ngaire Woods
Keyword(s):  
World Bank ◽  
International Institutions ◽  
Political Accountability ◽  
The World Bank ◽  
The World ◽  
Internal Accountability ◽  
The Right ◽  
National Governments ◽  
Political Decisions

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing the role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy.

scholarly journals Corruzione pubblica

2011 ◽  
Keyword(s):  
Criminal Law ◽  
National Economy ◽  
Public Safety ◽  
International Institutions ◽  
Conflicts Of Interest ◽  
Administrative Law ◽  
Ministry Of Education ◽  
Research Project ◽  
Disciplinary System ◽  
Effective Reinforcement

This book contains the proceedings of the seminar held in Florence on 6 May 2011 within the framework of a research project of national scope funded by the Ministry of Education (MUIR). The principal inspiring aim is the quest for synergy between criminal law and administrative law in the activities aimed at fighting corruption. The 'final' interests damaged by corruption are fundamental (public safety, national economy), such as to demand the stigmatisation and efficacy inherent to the penal instrument. However, no less important is the prevention aspect recommended by the European and international institutions, which can be achieved through a real and effective reinforcement of administrative instruments, such as the prevention of conflicts of interest or the strengthening of the disciplinary system.

scholarly journals Introduction Environmentally Induced Displacement and Forced Migration

Refuge ◽  
2014 ◽  
Vol 29 (2) ◽  
pp. 5-10 ◽  
Author(s):  
Pablo Bose ◽  
Elizabeth Lunstrum
Keyword(s):  
Climate Change ◽  
Public Discourse ◽  
International Institutions ◽  
Forced Migration ◽  
Social Lives ◽  
Environmental Refugees ◽  
Iconic Images ◽  
National Governments ◽  
Global And Local

Disappearing coastlines, fields and homes flooded by rising waters, lands left cracked and barren by desertification, a snowpack shrinking in circumpolar regions year by year—these are only a few of the iconic images of climate change that have evoked discussion, debate, and consternation within communities both global and local. Equally alarming has been the threat of what such degraded and destroyed landscapes might mean for those who depend upon them for their livelihoods—as their homes, as their means of sustenance, and as an integral part of their cultural and social lives. A mass of humanity on the move—some suggest 50 million, 150 million, perhaps even a billion people1—the spectre of those forced to flee not as the result of war or conflict but rather a changed environment haunts the imaginaries of national governments, international institutions, and public discourse alike. Are these environmental refugees? Should they be granted the same protections and support as those who can prove their fear of and flight from persecution? Do the sheer numbers contemplated by the scale of the events and factors threaten to overwhelm the international refugee system?

Getting to a Global Constitution Expanding Human Rights Law

2018 ◽  
Author(s):  
Giuliana Ziccardi Capaldo
Keyword(s):  
Well Being ◽  
Criminal Court ◽  
Economic Rights ◽  
International Crimes ◽  
National Courts ◽  
Policy Paper ◽  
Constitutional Principle ◽  
Financial Crimes ◽  
National Governments ◽  
Global Law

The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global law and its principles through jurisprudential cross-fertilization. The author identifies in the ECJ’s innovative approach to serious tax frauds in the Taricco judgment an opportunity to develop a judicial dialogue between international and national courts aimed at strengthening the paradigm of the no-impunity-imprescriptibility of the new criminal jurisdiction centered on the International Criminal Court (ICC). As announced in the Policy Paper on Case Selection and Prioritisation (PCSP), the ICC will now expand its focus on prosecuting with national governments such serious crimes as “financial crimes”. The ICC is not formally extending its jurisdiction to these cases, but this process has begun—based on the Rome Statute that recognizes that serious international crimes “threaten the peace, security and well-being of the world”.

Units and Methods of Comparison

2020 ◽  
pp. 117-136
Author(s):  
Marco D’Alberti
Keyword(s):  
European Union ◽  
Great Britain ◽  
Historical Analysis ◽  
Administrative Law ◽  
Eu Law ◽  
Legal Systems ◽  
Legal Context ◽  
The Us ◽  
Global Law ◽  
Over Time

This chapter presents an historical analysis of the changes of legal systems and comparative approaches in order to examine the units and methods of comparison in administrative law. It mainly deals with France, Great Britain, the US, and Italy, with some hints at other national legal systems. The chapter also pays attention to the supranational legal context—mainly European Union (EU) law and global law—which has expanded since the 1990s. As the chapter shows, comparison concerning these legal orders has significantly changed over time due to their transformations. At the same time, comparison has influenced those changes.

Globalization and global governance: from societal to political denationalization

2003 ◽  
Vol 11 (3) ◽  
pp. 341-364 ◽  
Author(s):  
MICHAEL ZÜRN
Keyword(s):  
Global Governance ◽  
International Institutions ◽  
The Political ◽  
Nation State ◽  
Political Issues ◽  
Effective Governance ◽  
Nation States ◽  
National Governments ◽  
Spatial Congruence ◽  
National Borders

The declining significance of national borders constitutes a challenge to the capacity of the nation-state to reach unilaterally its governance targets. Effective governance depends upon the spatial congruence of political regulations with socially integrated areas and the absence of significant externalities. As societal interconnectedness across borders increases with globalization, national governments are increasingly confronted with four specific challenges: efficiency pressures, externality and competitiveness problems, and representational deficits. The political responses to these challenges vary significantly. Although globalization is thus neither identical with, nor does it necessarily lead to, the rise of international institutions and governance beyond the nation-state, this article will show to what extent societal denationalization is accompanied by the rise of international institutions and how the myriad of international institutions existing today interact to produce global governance. Globalization also questions a cornerstone of any modern understanding of politics, which considers nation-states as the basis of all politics. As governance beyond the nation-state increases in significance, the separation of political issues into nationally defined territorial units must be conceptualized as a variable rather than a conceptual premise.

Congressional oversight and the multilateral development banks

1975 ◽  
Vol 29 (4) ◽  
pp. 1055-1064 ◽  
Author(s):  
Jonathan Sanford ◽  
Margaret Goodman
Keyword(s):  
International Institutions ◽  
World Politics ◽  
Political Organization ◽  
Basic Unit ◽  
Multilateral Development Banks ◽  
Public Control ◽  
Contemporary World ◽  
Democratic Control ◽  
National Governments ◽  
Political Decisions

The existence of quasi-sovereign international institutions raises important questions regarding the level of national influence and the degree of democratic control over international political decisions which can be exercised within a multilateral political framework. Karl Kaiser suggests that “as the number and activities of international organizations expand, an area grows in which major decisions are made without much democratic control by the peoples and institutions which are affected or which support these activities financially. Because the national government is still the basic unit of political organization in contemporary world politics, it is necessary that national governments oversee the operations of the international institutions if the principle of public control over those who make the major political decisions is to be retained. For oversight to be effective, and for the principle of public control over the makers of political decisions to be retained, oversight must be reinforced by sufficient access to information so that governments can regulate these institutions and so that citizens can control governments.

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