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Transnational Administrative Rule-Making

Performance, Legal Effects and Legitimacy

Editor(s): Olaf Dilling, Martin Herberg, Gerd Winter
Media of Transnational Administrative Rule-Making
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Published: 28-02-2011
Format: Hardback
Edition: 1st
Extent: 354
ISBN: 9781841132228
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £85.00
Online price : £59.50
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Loren Epson

About Transnational Administrative Rule-Making

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.

Table Of Contents

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


“Due to its strong empirical and analytical approach, the book is a constant source of inspiration.” –  Journal of Consumer Policy, Volume 1

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