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Transnational Administrative Rule-Making - Performance, Legal Effects and Legitimacy (Hardcover)
Loot Price: R3,357
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Transnational Administrative Rule-Making - Performance, Legal Effects and Legitimacy (Hardcover)
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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.
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