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Transnational Administrative Rule-Making: Performance, Legal Effects and Legitimacy

Editat de Olaf Dilling, Martin Herberg, Gerd Winter
en Limba Engleză Hardback – 27 feb 2011
In an age of globalisation, many regulatory problems lie beyond the reach of the nation state. Solutions have to be found which extend beyond territorial borders. Normally we would expect international law to be the appropriate forum for addressing these issues, but this assumes formal consensus amongst states, which is difficult to obtain. Therefore a number of informal structures of pragmatic public governance have emerged as an alternative to formal law-making processes, operating within the transnational space between national and international law. These structures display a great variety-ranging from loose transboundary networks linking national administrative agencies and transnational expert committees, to networks involving administrative staff of international organisations. They work out their own agendas, and in some cases have emancipated themselves from formal national or international parent institutions. These network-like structures have become important building blocks of global governance, addressing today's regulatory issues in a more flexible way. At the same time their informality raises crucial questions of legitimacy. The present volume shows how transnational administrative governance leads to a paradox: while it performs well in many areas, providing solutions that are not achievable by state and international law, its informality profoundly lacks legitimacy in a strict sense. This book explores, from a socio-legal perspective, a broad range of legitimation mechanisms of different types and quality and shows that there can be a fit between certain forms of legitimation and specific governance constellations. In doing so, the book adds an empirical layer to our understanding of transnational administrative governance.
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Specificații

ISBN-13: 9781841132228
ISBN-10: 1841132225
Pagini: 354
Dimensiuni: 156 x 234 x 28 mm
Greutate: 0.68 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Notă biografică

Olaf Dilling is research associate at the Collaborative Research Center 'Transformations of the State' at Bremen University.Martin Herberg is senior research fellow at the Collaborative Research Center 'Transformations of the State', Bremen University. Gerd Winter is Professor of Public Law and the Sociology of Law at the University of Bremen Department of Law. He directs the Research Center for European Environmental Law as well as a section of the Collaborative Research Center 'Transformations of the State' at the same university.

Cuprins

Introduction: Exploring Transnational Administrative Rule-MakingOlaf Dilling, Martin Herberg, and Gerd WinterPart I: Setting the Stage - Early Origins of Transnationalization1. History of Transnational Administrative Networks Christian Tietje Part II: Emerging Procedures in Expert Committees 2. Thinking about Procedure: Understanding Legitimacy in EU Environmental Governance Networks Bettina Lange3. Global Governance Networks in Action: the Development of Toxicological Test Methods at the OECD Martin Herberg Part III: Negotiation and Deliberation in Regulatory Committees4. Transnational Regulatory Comitology: The Global Harmonisation of Chemicals Classification and LabellingGerd Winter5. The Codex Alimentarius Commission - A View from PracticeDieter Arnold6. The Contribution of Global Administrative Law to Enhancing the Legitimacy of the Codex Alimentarius Commission Alexia HerwigPart IV: International Organisations: Institutional Dynamics and Member State Control7. Autonomy or Adaptability? - Environmental Integration in the Word BankAlexandra Lindenthal8. The Openness of International Organizations for Transnational Public Rule-Making Stefan OeterPart V: Regional Representation and Participation of Civil Society 9. Towards 'Open' Transnational Administrative Networks: Emerging Structural Features Karsten Nowrot10. Transnational Governance Networks and Democracy: What are the Standards?Jens Steffek and Mariana Gomes Pereira11. Developing Countries: Trapped in the Web of Sustainable Development GovernanceJoyeeta Gupta

Recenzii

Due to its strong empirical and analytical approach, the book is a constant source of inspiration.

Descriere

The present volume shows how transnational administrative governance leads to a paradox.