From Bilateralism to Publicness in International Law

Kingsbury, Benedict; Donaldson, Megan

doi:10.1093/acprof:oso/9780199588817.003.0008

Cited by 14 publications

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“…Adoption of detailed formal transparency policies, incorporating a presumption of access to information regardless of the person requesting the information and the use to which it is to be put, go beyond arrangements that many institutions have introduced to consult with particular stakeholders likely to be affected by their work, introducing a much more open conception of the institution's relation to the world at large (Kingsbury 2009b, Kingsbury & Donaldson 2011. Not only do such policies reproduce central features of what has come to be an important aspect of public law within states, but they imply a degree of responsiveness to a much larger and more diffuse public.…”

Section: Implications Of Greater Transparency For Structures Of Politmentioning

confidence: 99%

The Adoption of Transparency Policies in Global Governance Institutions: Justifications, Effects, and Implications

Donaldson

Kingsbury

2013

Annu. Rev. Law. Soc. Sci.

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Formal transparency policies are increasingly prevalent in global governance institutions, partially attenuating the influence in these institutions of practices of secrecy inherited from interstate diplomacy. This article assesses the incidence and specific characteristics of formal transparency policies across a select group of institutions and outlines some of the justifications given for these policies-including justifications based on the publicness of these institutions-and for the more controversial exceptions to transparency, such as the exception for deliberative materials. It examines three drivers affecting the adoption, form, and content of transparency policies and other transparency measures in these institutions: spillover from national transparency laws and policies, growth in the reach and significance of authority exercised in and through global institutions, and criticism of global institutions by influential states and nongovernmental organizations. Twelve hypotheses are proposed about the effects, for states, nonstate actors, and global governance institutions, of transparency measures-formal policies and other steps to increase transparency-in global governance institutions. Finally, the article considers some implications of transparency measures for structures of political power and authority beyond the state and for global administrative law.

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Section: Implications Of Greater Transparency For Structures Of Politmentioning

confidence: 99%

The Adoption of Transparency Policies in Global Governance Institutions: Justifications, Effects, and Implications

Donaldson

Kingsbury

2013

Annu. Rev. Law. Soc. Sci.

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“…This led to many voices, including the United States National Academy of Sciences, raising concern, at an early stage, over the fragmentation and uncoordinated interventions across a number of policy 10 Cassese (2005:684f.). See also Kingsbury & Donaldson (2011). 11 Cassese (2005:685f.).…”

Section: Global Environmental Governancementioning

confidence: 99%

Some Perspectives on Global Governance, Judicial Review and Climate Change

Strydom¹

2013

Climate Change: International Law and Global Governance

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This article is about the public law reaction to the global governance phenomenon, and in particular about the concerns that have been raised about the accountability and legitimacy deficits associated with global governance institutions which, arguably, need to be addressed from a normative, as opposed to a purely functional, understanding of the concept of global governance. The scholarly debate on these issues has also entered the subject of global environmental governance, where a multiplicity of institutions with overlapping mandates form a non-hierarchical governance system, lacking a single, overarching organisation with the necessary political authority to coordinate the different international environmental regimes and their decision-making. From this perspective, the article then addresses the view that sees a remedy in the systemic linkages between climate change and other international law concerns, and the promise that these linkages hold for facilitating an improved system of supranational governance based on the compliance and enforcement mechanisms created by multilateral environmental agreements.

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“…7 There is today even an urgency in this vocabulary, prompted by concerns raised in the register of 'globalization'. An ever intensifying 'process' is being witnessed that leaves 'no choice' to the actors − a 'juggernaut' to borrow a term from Anthony Giddens.…”

Section: The Persistence Of Teleologymentioning

confidence: 99%

Law, Teleology and International Relations: An Essay in Counterdisciplinarity

Koskenniemi

2012

International Relations

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Interdisciplinary approaches often bemoan international law's lack of theoretical sophistication and naïve utopianism. Instead of offering effective tools of governance, it seems committed to outdated ideas about an international public realm and a dubious teleology of progress. This essay -given as the E. H. Carr lecture at the University of Aberystwyth in 2011 -reviews efforts to reform international law into a science and a more efficient instrument of international rule. Such efforts have been a part of international law's internal development but their lack of success depends on a mistaken view of the field as a 'discipline' − a set of theoretical or technical propositions. This essay defends a view of international law as an argumentative practice in which political claims are defended and attacked, rather than as a governance tool or institutional blueprint. At its worst, law may buttress bureaucratic privilege. At its best it may offer, for a cynical world, a vocabulary for imagining better futures. It may also sharpen political thought and strategic awareness, but it cannot replace them.

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From Bilateralism to Publicness in International Law

Cited by 14 publications

References 0 publications

The Adoption of Transparency Policies in Global Governance Institutions: Justifications, Effects, and Implications

The Adoption of Transparency Policies in Global Governance Institutions: Justifications, Effects, and Implications

Some Perspectives on Global Governance, Judicial Review and Climate Change

Law, Teleology and International Relations: An Essay in Counterdisciplinarity

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