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Guo Ying - One of the best experts on this subject based on the ideXlab platform.

Nurul Wahilah Abdul Latif - One of the best experts on this subject based on the ideXlab platform.

Tim Buthe - One of the best experts on this subject based on the ideXlab platform.

  • global private Governance lessons from a national model of setting standards in accounting
    Law and contemporary problems, 2005
    Co-Authors: Walter Mattli, Tim Buthe
    Abstract:

    I INTRODUCTION Numerous recent studies have documented the increase of global Governance by international organizations, formal and informal transgovernmental networks, hybrid public-private Institutional arrangements, and entirely private transnational Institutions. (1) These bodies establish general rules and make specific decisions with which other actors comply, based on the recognition by the latter of the authority of the former. (2) In the domestic context, such rule- and decisionmaking authority is embedded in a system of administrative law, that is, a system of Institutionalized procedural and substantive norms. It assures those who are affected by the regulator's decisions that they will enjoy "procedural participation" (that is, that their views will be heard and considered, for instance through notice-and-comment procedures); that decisions will be taken in a transparent manner on the basis of disclosed reasons and in compliance with norms of proportionality, means-ends rationality, and the like; and that the decisions are subject to review by a judicial or another independent body on request. (3) In short, administrative law mechanisms ensure accountability. They have a long history and tradition at the domestic level without an apparent counterpart at the international or global level. (4) Yet globalization of rulemaking need not necessarily entail losing such safeguards: based on an extensive and detailed mapping of current administrative practice of global Governance organizations and networks, Kingsbury, Krisch, and Stewart suggest that a global administrative law is not only possible but in the process of being created, and they open a normative-prescriptive debate over the forms that global administrative law might take. We seek to contribute to this timely debate by presenting a positive political analysis of global Governance, both theoretically and in a particular empirical context. Such a positive analysis, we submit, should precede deliberation about which administrative norms and mechanisms can and should be instituted, because a discussion of effective remedies presupposes a clear understanding of actual deficiencies and their causes. To gain such an understanding, we ask a series of analytical questions: Why is rulemaking authority implicitly granted or explicitly delegated to an international or transnational body? What are the consequences of such a delegation of authority for the domestic and international distribution of power and resources (including information and expertise)? Why do some actors rather than others supply such Governance? Do all those who are affected in a given realm have a voice in the Governance Institution (and ff not, why not)? And what are the prospects for the comprehensive adoption and the likely effectiveness of administrative law procedures? Scholars of administrative law have tended to shy away from such questions, preferring detailed accounts of administrative procedures and normative discourse over positive political analysis. Positive analysis, however, is very much needed: lack of participation and accountability may be caused not just by exclusion or non-transparent procedures, but also by ignorance, information deficits, erroneous beliefs, or collective action dilemmas. The creation of notice-and-comment procedures, for example, will achieve little when the problem is ignorance or a lack of technical expertise by the subjects of a particular Governance arrangement. Greater procedural transparency and formal rules guaranteeing procedural inclusion of all affected parties may be in vain if those parties' participation is in fact prevented by collective action problems. Positive analysis of new or changing administrative law mechanisms and procedures at both the national and global levels therefore also offers tools for assessing the effectiveness and desirability of competing Institutional designs for administrative law. …

Hussain Ali Bekhet - One of the best experts on this subject based on the ideXlab platform.

Walter Mattli - One of the best experts on this subject based on the ideXlab platform.

  • global private Governance lessons from a national model of setting standards in accounting
    Law and contemporary problems, 2005
    Co-Authors: Walter Mattli, Tim Buthe
    Abstract:

    I INTRODUCTION Numerous recent studies have documented the increase of global Governance by international organizations, formal and informal transgovernmental networks, hybrid public-private Institutional arrangements, and entirely private transnational Institutions. (1) These bodies establish general rules and make specific decisions with which other actors comply, based on the recognition by the latter of the authority of the former. (2) In the domestic context, such rule- and decisionmaking authority is embedded in a system of administrative law, that is, a system of Institutionalized procedural and substantive norms. It assures those who are affected by the regulator's decisions that they will enjoy "procedural participation" (that is, that their views will be heard and considered, for instance through notice-and-comment procedures); that decisions will be taken in a transparent manner on the basis of disclosed reasons and in compliance with norms of proportionality, means-ends rationality, and the like; and that the decisions are subject to review by a judicial or another independent body on request. (3) In short, administrative law mechanisms ensure accountability. They have a long history and tradition at the domestic level without an apparent counterpart at the international or global level. (4) Yet globalization of rulemaking need not necessarily entail losing such safeguards: based on an extensive and detailed mapping of current administrative practice of global Governance organizations and networks, Kingsbury, Krisch, and Stewart suggest that a global administrative law is not only possible but in the process of being created, and they open a normative-prescriptive debate over the forms that global administrative law might take. We seek to contribute to this timely debate by presenting a positive political analysis of global Governance, both theoretically and in a particular empirical context. Such a positive analysis, we submit, should precede deliberation about which administrative norms and mechanisms can and should be instituted, because a discussion of effective remedies presupposes a clear understanding of actual deficiencies and their causes. To gain such an understanding, we ask a series of analytical questions: Why is rulemaking authority implicitly granted or explicitly delegated to an international or transnational body? What are the consequences of such a delegation of authority for the domestic and international distribution of power and resources (including information and expertise)? Why do some actors rather than others supply such Governance? Do all those who are affected in a given realm have a voice in the Governance Institution (and ff not, why not)? And what are the prospects for the comprehensive adoption and the likely effectiveness of administrative law procedures? Scholars of administrative law have tended to shy away from such questions, preferring detailed accounts of administrative procedures and normative discourse over positive political analysis. Positive analysis, however, is very much needed: lack of participation and accountability may be caused not just by exclusion or non-transparent procedures, but also by ignorance, information deficits, erroneous beliefs, or collective action dilemmas. The creation of notice-and-comment procedures, for example, will achieve little when the problem is ignorance or a lack of technical expertise by the subjects of a particular Governance arrangement. Greater procedural transparency and formal rules guaranteeing procedural inclusion of all affected parties may be in vain if those parties' participation is in fact prevented by collective action problems. Positive analysis of new or changing administrative law mechanisms and procedures at both the national and global levels therefore also offers tools for assessing the effectiveness and desirability of competing Institutional designs for administrative law. …