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Globalization of Administrative Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2006, 33(), pp.101-122
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Dongsoo Lee 1

1대구가톨릭대학교

Accredited

ABSTRACT

Governance means different thing, but the concept generally relates to group decisionmakings to address share problems. Supranational governance might therefore refer to any number of policymaking process and institutions that help to manage international interdependence processes and institutions that help to manage international interdependence including ①negotiation by nation-states leading to a treaty, ②dispute settlement within an international organization, ③rulemaking by international bodies in support of treaty implementation, ④development of government-backed codes of conduct, guidelines, and norms, ⑤pre-negotiation agenda-setting and issue analysis in support of treatymaking, ⑥technical standard-setting to facilitate trade, ⑦networking and policy coordination by regulators, ⑧structured public-private efforts at norm creation, ⑨informal workshops at which policymakers, NGOs, business leaders, and academic exchange ides, and ⑩private sector policymaking activities.This paper contains as belows.1. Why Supranational Governance is Problematic ①delegated decisionmaking ②community spirit ③federalism and subsidiarity ④efficacy ⑤accountability ⑥lost national sovereignty 2. Foundations for Supranational Good Governance ①democratic legitimacy ②results-based legitimacy ③order-based legitimacy ④system legitimacy ⑤deliberative legitimacy 3.Global Administrative Law Toolbox ①controls on corruption, self-dealing, and special internet influence ②systematic and sound rulemaking ③transparency and public participation ④power-sharing 4.Challenges for global administrative law ①divided responsibility ②informality ③role of private actors ④governments and governance ⑤insititutional weakness ⑥what is the public interest? ⑦a western bias? ⑧political objections

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