Theorising Global Governance Inside Out: A Response to Professor Ladeur

3 Transnational Legal Theory 268 (2013)

Osgoode CLPE Research Paper No. 29/2013

18 Pages Posted: 12 Mar 2013 Last revised: 30 Sep 2013

See all articles by Sujith Xavier

Sujith Xavier

University of Windsor - Faculty of Law

Date Written: March 1, 2013

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.

Keywords: Global Administrative Law, global governance, Twail, public international law, international criminal law, interdisciplinary approaches to law

JEL Classification: K19, K29

Suggested Citation

Xavier, Sujith, Theorising Global Governance Inside Out: A Response to Professor Ladeur (March 1, 2013). 3 Transnational Legal Theory 268 (2013); Osgoode CLPE Research Paper No. 29/2013. Available at SSRN: https://ssrn.com/abstract=2231792

Sujith Xavier (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada

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