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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, account- ability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmod- ern 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 suscepti- ble 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.
Genre
SSRN Scholarly Paper
Archive ID
2231792
Place
Rochester, NY
Date
2013-03-01
Accessed
8/29/23, 4:43 PM
Short Title
Theorising Global Governance Inside Out
Language
en
Library Catalog
Social Science Research Network
Citation
Xavier, S. (2013). Theorising Global Governance Inside Out: A Response to Professor Ladeur (SSRN Scholarly Paper 2231792). https://papers.ssrn.com/abstract=2231792
Author / Editor