Transnational Administrative Rule-Making

Performance, Legal Effects, and Legitimacy
1. Auflage 2011
ISBN: 978-1-84113-222-8
Verlag: Bloomsbury 3PL

Buch, Englisch, 354 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 699 g

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.

Autoren/Hrsg.

Dilling, Olaf

Herberg, Martin

Winter, Gerd

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Internationale Zusammenarbeit (Recht, Kultur, Umwelt etc.)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Verwaltungs-, Umwelt- und Gesundheitsrecht

Inhaltsverzeichnis

Introduction: Exploring Transnational Administrative Rule-Making
Olaf Dilling, Martin Herberg, and Gerd Winter
Part I: Setting the Stage - Early Origins of Transnationalization
1. 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 Lange
3. Global Governance Networks in Action: the Development of Toxicological Test Methods at the OECD
Martin Herberg
Part III: Negotiation and Deliberation in Regulatory Committees
4. Transnational Regulatory Comitology: The Global Harmonisation of Chemicals Classification and Labelling
Gerd Winter
5. The Codex Alimentarius Commission - A View from Practice
Dieter Arnold
6. The Contribution of Global Administrative Law to Enhancing the Legitimacy of the Codex Alimentarius Commission
Alexia Herwig
Part IV: International Organisations: Institutional Dynamics and Member State Control
7. Autonomy or Adaptability? - Environmental Integration in the Word Bank
Alexandra Lindenthal
8. The Openness of International Organizations for Transnational Public Rule-Making
Stefan Oeter
Part V: Regional Representation and Participation of Civil Society
9. Towards 'Open' Transnational Administrative Networks: Emerging Structural Features
Karsten Nowrot
10. Transnational Governance Networks and Democracy: What are the Standards?
Jens Steffek and Mariana Gomes Pereira
11. Developing Countries: Trapped in the Web of Sustainable Development Governance
Joyeeta Gupta

Über Autor(innen)

Winter, Gerd
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.

Dilling, Olaf
Olaf Dilling is research associate at the Collaborative Research Center 'Transformations of the State' at Bremen University.

Herberg, Martin
Martin Herberg is senior research fellow at the Collaborative Research Center 'Transformations of the State', Bremen University.

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.