transnational administrative rule making performance legal effects and legitimacy

Download Book Transnational Administrative Rule Making Performance Legal Effects And Legitimacy in PDF format. You can Read Online Transnational Administrative Rule Making Performance Legal Effects And Legitimacy here in PDF, EPUB, Mobi or Docx formats.

Transnational Administrative Rule Making

Author : Olaf Dilling
ISBN : 1841132225
Genre : Law
File Size : 75. 7 MB
Format : PDF, ePub, Mobi
Download : 991
Read : 990

Get This Book


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 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. 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.

The Actors Of Postnational Rule Making

Author : Elaine Fahey
ISBN : 9781317515852
Genre : Law
File Size : 68. 41 MB
Format : PDF, Kindle
Download : 764
Read : 1157

Get This Book


Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

Power Procedure Participation And Legitimacy In Global Sustainability Norms

Author : Karin Buhmann
ISBN : 9781315525433
Genre : Business & Economics
File Size : 33. 16 MB
Format : PDF, ePub
Download : 734
Read : 710

Get This Book


Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades’ efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

Transnational Environmental Regulation And Governance

Author : Veerle Heyvaert
ISBN : 9781108244886
Genre : Law
File Size : 50. 64 MB
Format : PDF, ePub, Docs
Download : 846
Read : 748

Get This Book


A large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerle Heyvaert offers readers a comprehensive discussion of TER, including analysis of international environmental agreements, regional and EU regulation, private environmental regulation, and governance networks, arguing that TER is highly diverse but sufficiently cohesive to allow the identification of shared characteristics that establish TER as a model of regulation. The book uncovers the key features of TER, and analyses the various intentions of TER regulators, TER's governance principles and compliance strategies, using a newly developed activity-based methodology for regulatory analysis. This book should be read by anyone seeking to understand the strengths and weaknesses of transnational environmental governance and its contribution to sustainability.

Informal International Lawmaking

Author : Joost Pauwelyn
ISBN : 9780199658589
Genre : Law
File Size : 86. 54 MB
Format : PDF, ePub
Download : 573
Read : 1226

Get This Book


Policy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.

Adjudicating New Governance

Author : Emilia Korkea-aho
ISBN : 9781317658290
Genre : Law
File Size : 79. 94 MB
Format : PDF, Kindle
Download : 476
Read : 581

Get This Book


This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

Responsible Business

Author : Olaf Dilling
ISBN : 9781847314406
Genre : Law
File Size : 80. 57 MB
Format : PDF, ePub, Docs
Download : 443
Read : 1234

Get This Book


With the globalisation of markets, the phenomenon of market failure has also been globalised. Against the backdrop of the territoriality of nation state jurisdictions and the slow progress of international law based on the principle of sovereignty this poses a serious challenge. However while the legal infrastructure of globalised markets has a firm basis in formal national and international law, the side effects of economic transactions on public goods such as the environment, human health and consumer interests often escape state-based regulation. Therefore, attention is drawn to the potential of self-regulation by transnational industry. While hypotheses abound which try to grasp this phenomenon in conceptual terms, both empirical and legal research is still underdeveloped. This volume helps to fill this gap, in two ways: firstly by reconstructing self-regulatory settings such as multinational corporations, transnational production networks and industry-NGO partnerships in terms of organisation, problem-solving and legitimation, and secondly, by linking their empirical findings to formal law by examining how legal concepts are reflected in self-regulation, how the law builds on self-regulatory solutions, and how it helps to establish favorable conditions for private governance.

Transnational Legality

Author : Thomas Schultz
ISBN : 9780199641956
Genre : Law
File Size : 53. 14 MB
Format : PDF, ePub, Docs
Download : 486
Read : 749

Get This Book


International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

Reneual Model Rules On Eu Administrative Procedure

Author : Paul Craig
ISBN : 9780198795308
Genre :
File Size : 37. 59 MB
Format : PDF, Mobi
Download : 242
Read : 654

Get This Book


This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

Transnational Legal Orders

Author : Terence C. Halliday
ISBN : 9781107069923
Genre : Law
File Size : 89. 4 MB
Format : PDF, ePub, Mobi
Download : 112
Read : 1182

Get This Book


"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Top Download:

Best Books