Legal Regulation of the Decision-Making Process within Global Governance Bodies

Abstract

The aim of this Chapter is to outline the legal constraints on the decision-making process of global governance bodies. The underlying assumption is that the decision was issued by a body that has competence to issue such decisions, so possible ultra vires concerns have been ruled out. Tracking the decision-making process sequentially, the chapter first discusses the norms regulating the identity of the decision-maker, where they exist, and the general demands of independence and impartiality. The second part focuses on the decision-making process itself, examining in particular the requirement of a structured fact-finding and decision process, as well as the obligation to hear affected parties, to ensure their participation or representation, and in general to provide a transparent process. The third part covers the regulation of the decision, which includes the obligation to pursue legitimate goals (and only those goals) and the need to respect and protect individual rights, balance conflicting interests and seek proportionality.

Keywords: International Law, Global Governance, Global Administrative Law

JEL Classification: K33, K23