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Theorising Global Governance Inside Out: A Response to Professor Ladeur

Resource type
Author/contributor
Title
Theorising Global Governance Inside Out: A Response to Professor Ladeur
Abstract
Professor Ladeur argues that administrative law's postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, accountability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmodern legality and support the creation of norms that will adapt to the complexities of globalisation. Ladeur's contestation, similar to GAL's propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law, as an example, it is suggested that the creation of networks that Ladeur makes visible may not account for ‘regulatory capture’. This paper will argue that from the outside, the proliferation of networks may suggest that spontaneous accountability is possible. A closer look, however, drawing on anthropological insights from the ICTR, reveals that international institutions are susceptible to capture by special interests. Furthermore, there are two central themes that animate the response to Professor Ladeur: the political nature of international institutions and the history of international law, and the role of institutions in this history.
Publication
Transnational Legal Theory
Volume
3
Issue
3
Pages
268-284
Date
2012-03-01
ISSN
2041-4005
Short Title
Theorising Global Governance Inside Out
Accessed
9/1/23, 3:28 PM
Library Catalog
Taylor and Francis+NEJM
Extra
Publisher: Routledge _eprint: https://doi.org/10.5235/20414005.3.3.268
Citation
Xavier, S. (2012). Theorising Global Governance Inside Out: A Response to Professor Ladeur. Transnational Legal Theory, 3(3), 268–284. https://doi.org/10.5235/20414005.3.3.268
Author / Editor