Managed Mutual Recognition Regimes: Governance Without Global Government
Kalypso A. Nicolaidis
University of Oxford - European Studies Centre
University of California, Irvine - Irvine School of Law
Law and Contemporary Problems, Vol. 68, pp. 263-318, 2005
Univ. of Wisconsin Legal Studies Research Paper No. 1007
IILJ Working Paper No. 2005/6
Mutual recognition regimes set the conditions governing the recognition of the validity of foreign laws, regulations, standards, and certification procedures among states in order to assure host country regulatory officials and citizens that the application of foreign rules within their borders is "compatible" with their own. They thus are always "managed" and differ from a pure "free trade" model by involving a (often highly) political process of assessment of mutual compatibility between national systems of governance. The paper addresses the relationship of mutual recognition with the principles of extraterritoriality, national treatment, and harmonization. It assesses the factors that explain the rise and operation of mutual recognition regimes and their constraints. It examines these regimes from the normative perspectives of administrative accountability, private rights, and democratic legitimacy, and in relation to concerns about power asymmetries. It concludes by showing how mutual recognition regimes provide a lens for assessing the overall global administrative law project.
Number of Pages in PDF File: 85
Keywords: global administrative law, mutual recognition, managed mutual recognition, global governance, extraterritoriality, national treatment, harmonization, accountability, legitimacy
JEL Classification: K29, K34Accepted Paper Series
Date posted: May 17, 2005 ; Last revised: February 23, 2010
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