Globalization rules: Accountability, power, and the prospects for global administrative law

Global Governance

Volumn 14, Issue 1, 2008, Pages 39-52

  Chesterman, Simon ^a,b  

^a NEW YORK UNIVERSITY SCHOOL OF LAW   (United States)

^b NATIONAL UNIVERSITY OF SINGAPORE   (Singapore)

Author keywords

Accountability; Globalization; Public law; Sanctions; United Nations

Indexed keywords

EID: 41449099093     PISSN: 10752846     EISSN: None     Source Type: Journal    
DOI: 10.1163/19426720-01401004     Document Type: Article

References (39)

1. See, generally, Benedict Kingsbury, Nico Krisch, and Richard B. Stewart, "The Emergence of Global Administrative Law," Law and Contemporary Problems 68 (2005): 15.
2. Ibid., pp. 15-18.
3. See, for example, Dana L. Clark, Jonathan Fox, and Kay Treakle, eds., Demanding Accountability: Civil Society Claims and the World Bank Inspection Panel (Lanham, MD: Rowman & Littlefield, 2003);
4. and David Hunter, "Using the World Bank Inspection Panel to Defend the Interests of Project-affected People," Chicago Journal of International Law 4 (2003): 201.
5. Benedict Kingsbury, "The Rules and Institutions of Accountability," paper presented at the seminar "A Rules-Based International Order," convened by the Institute for International Law and Justice and the Permanent Mission of Austria to the United Nations, UN Headquarters, 5 May 2005.
6. Kingsbury, Krisch, and Stewart, "Global Administrative Law," pp. 18-20.
7. Ibid., p. 21.
8. Charles Sabel, "Rethinking Law and Democracy in an Age of Global Rulemaking," paper presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005.
9. On the Basel Committee, in particular, see Michael S. Barr and Geoffrey P. Miller, "Global Administrative Law: The View From Basel," New York University, 2005, available at www.law.nyu.edu/kingsburyb/fall05/globalization/ Miller%20Paper.pdf.
10. Richard B. Stewart, "US Administrative Law: A Model for Global Administrative Law?" Law and Contemporary Problems 68 (2005): 63.
11. Transcript of press conference by Deputy Secretary-General Louise Frechette at United Nations Headquarters, UN Doc DSG/SM/246, 15 February 2005, available at www.unis.unvienna.org/unis/pressrels/2005/dsgsm246.html.
12. See now "A Comprehensive Strategy to Eliminate Future Sexual Exploitation and Abuse in United Nations Peacekeeping Operations," Report of Prince Zeid to the Secretary-General, UN Doc. A/59/710, 24 March 2005, available at www.un .org/apps/docs/ws.asp?m=A/59/710; "Statement by the President of the Security Council," UN Doc. S/2005/21, 31 May 2005.
13. See Rudolf Dolzer, "The Impact of Investment Treaties on Domestic Administrative Law," paper presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005, available at www.iilj.org/global_adlaw.
14. See Sabino Cassese, "Global Administrative Law: An Introduction," paper presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005, available at www.iilj.org/global_adlaw.
15. Kalypso Nicolaidis and Gregory Shaffer, "Managed Mutual Recognition Regimes: Governance Without Global Government," Institute for International Law and Justice Working Paper 2005/06, 2005, New York University School of Law, available at www.iilj.org/papers.
16. Kingsbury, "The Rules and Institutions of Accountability."
17. John Ferejohn, "Comments," presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005, available at www.iilj.org/global_adlaw;
18. see also John Ferejohn, "Accountability and Authority: Toward a Theory of Political Accountability," in Adam Przeworski, S. C. Stokes, and B. Manin, eds., Democracy, Accountability, and Representation (Cambridge: Cambridge University Press, 1999), p. 131.
19. Kingsbury, "The Rules and Institutions of Accountability."
20. Ferejohn, "Comments."
21. Ruth W. Grant and Robert O. Keohane, "Accountability and Abuses of Power in World Politics," American Political Science Review 99, no. 1 (2005): 1.
22. This categorization draws upon Grant and Keohane, ibid.
23. Kingsbury, "The Rules and Institutions of Accountability."
24. See, for example, Ahmed Ali Yusuf and Al Barakaat International Foundation and Yassin Abdullah Kadi v. Council of the European Union and Commission of the European Communities, Case T-306/01 and Case T-315/01, Court of First Instance of the European Communities, 21 September 2005, available at http://curia.eu.int.
25. Kingsbury, "The Rules and Institutions of Accountability."
26. Ibid.
27. Cassese, "Global Administrative Law."
28. Chantal Thomas, "Comments," presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005.
29. See also Simon Chesterman, "Oil and Water: Regulating the Behavior of Multinational Corporations Through Law," New York University Journal of International Law and Politics 36 (2004): 307.
30. United Nations, The Global Compact: Overview, available at www.unglobal compact.org.
31. Stewart, "US Administrative Law."
32. Nico Krisch, "Imperial International Law," Global Law Working Paper 01/04, New York University School of Law, 2004, available at www.nyulawglobal.org, p. 38.
33. See, for example, Barnett R. Rubin, "Peace Building, State Building: Constructing Sovereignty for Security" (New York: Center on International Cooperation, June 2005).
34. Martín Böhmer, "Who Benefits from Administrative Remedies? Mobilization and Access to Justice in Impoverished Areas," paper presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005, available at www.iilj.org/global_adlaw.
35. Richard Pildes, "Comments," presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005.
36. See Ferejohn, "Comments."
37. E. P. Thompson, Whigs and Hunters: The Origin of the Black Act (Harmondsworth, UK: Penguin, 1977), p. 264.
38. Böhmer, "Who Benefits from Administrative Remedies?"
39. Olivier De Schutter, "Comments," presented at the Global Administrative Law Conference, New York University School of Law, 22-23 April 2005, available at www.iilj.org/global_adlaw.