Transnational Administrative Comitology: The Global Harmonisation of Chemicals Classification and Labelling

Transnational Administrative Rule-Making. Performance, Legal Effects and Legitimacy, pp. 111-150, Olaf Dilling, Martin Herberg & Gerd Winter, eds., Hart Publishing, 2011

42 Pages Posted: 2 Apr 2013

See all articles by Gerd Winter

Gerd Winter

University of Bremen Faculty of Law

Date Written: April 1, 2011

Abstract

The author starts by identifying the realm of transnational public administration. He then reconstructs the organisation, proceedings and effects of transnational administrative rule-making with regard to the case, dealing with the elaboration of the Globally Harmonized System of classification and labelling of dangerous substances (GHS). His major finding is that the elaboration of rules in the transnational sphere is a kind of negotiated deliberation — a mixture of discourse, bargaining and power play. In spite of non-discursive elements, the negotiated outcome results in rules of a considerable quality, which have incorporated wholesale into national legal orders without the substantive assessment resulting from parliamentary scrutiny. The indirect power resulting from negotiated deliberation raises the question of whether this transnational arrangement has a capacity for self-legitimation. Winter argues that although the arrangement does display some kind of second level self-control, it still bears shortcomings, which require further constitutionalisation with the help of both national and international law. Appropriate principles have yet to be developed, because the traditional forms of administrative law are hardly suited to provide expediency and legitimation for horizontal transnational structures. The setting could be characterised as one where an acceptable output has been achieved, but where the procedure itself still needs improvement. In short, this second-best output legitimation is still in need of better input legitimation.

Keywords: global administrative law, transnational administrative networks

Suggested Citation

Winter, Gerd, Transnational Administrative Comitology: The Global Harmonisation of Chemicals Classification and Labelling (April 1, 2011). Transnational Administrative Rule-Making. Performance, Legal Effects and Legitimacy, pp. 111-150, Olaf Dilling, Martin Herberg & Gerd Winter, eds., Hart Publishing, 2011, Available at SSRN: https://ssrn.com/abstract=2243066

Gerd Winter (Contact Author)

University of Bremen Faculty of Law ( email )

Universitaetsallee GW I
Bremen, 28365
Germany
0049 421 21866102 (Phone)
0049 421 21866099 (Fax)

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