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A Review of the Effectiveness of the WTO System by Global Administrative Law Perspective

  • DONG-A LAW REVIEW
  • 2014, (64), pp.205-232
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kim Sung Won 1

1원광대학교

Accredited

ABSTRACT

The impact of globalization on the international society and the transformation of international society’s structure could be marked as the symbol of the 21st century. With the acceleration of globalizing process, various actors including States, international organizations, NGOs and global civil society are actively participating in solving difficult problems drawing attention of the international society. However, broadening the scope of actors in the international sphere does not always bring the bright side of globalizing process to the international society. Various actors are likely to pursue the maximization of their own interests and power, this situation might exacerbate conflicts of interests among various actors without relevant regulatory mechanism striking balance of interest and powers among different level of actors. In this context, the international society definitely needs growing body of law, which regulates global administrative space. Thus, the emergence of global administrative law could be regarded very timely because global administrative law directly touches upon matters concerning the way to establish global regulatory mechanisms in various fields of international law. Rather than the constitutionalization of international law, which is involved in difficult normative and doctrinal contestation, global administrative law could be the best option for regulating global administrative space with using established and familiar principles and requirements such as transparency, participation, reasoned decision and decisional review. The successful application of global administrative law to various fields of international regime could be possible with the empirical case studies. In this sense, reviewing the effectiveness of the WTO system as a case study for global administrative law is definitely needed to direct prospect path of global administrative law. Although there are critiques on patchwork character of global administrative law, important constituting elements of global administrative law, which are mentioned above, already actively explored and widely applied by the WTO system to address problems of transparency and openness of the WTO. The main purpose of this article to explore the possible expansion of global administrative law to every administrative space with the help of the case study on WTO system.

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