The Normative Basis for the Law Regulating Global Governance Institutions

GlobalTrust Working Paper 4/2014

39 Pages Posted: 20 Aug 2015 Last revised: 10 Sep 2015

See all articles by Eyal Benvenisti

Eyal Benvenisti

University of Cambridge - Lauterpacht Centre for International Law

Date Written: March 18, 2014

Abstract

The aim of this Chapter is to ground accountability obligations of global governance bodies toward individuals affected by their policies. Why should, for example, the EU be accountable to non-EU citizens or residents and consider their interests? Why should GlobalG.A.P. and other private actors give take into account the adverse effects of their standards on farmers in faraway countries? I explore three possible principles as possible candidates for such obligations: the rule of law, human rights and trusteeship. Recourse to the principle of the rule of law raises several questions, including a preliminary question of standing: who has standing to demand that a global body comply with the rule of law? The second ground, the obligation to respect and ensure human rights, suffers from similar problems of space and scope: why do global governance bodies owe foreigners human rights-based duties? The chapter argues that the response to those questions, as well as the basis of a third, independent source of obligations, is the concept of trusteeship. States and the institutions states set up or delegate authority to are trustees of humanity, having been authorized by human society to respect and promote the interests of all individuals. The trusteeship concept, which informed the bottom-up evolution of domestic administrative law of many countries, can now serve as the normative bedrock for the emergence of global administrative law.

Keywords: International Law, Global Governance, Global Administrative Law

JEL Classification: K23, K33

Suggested Citation

Benvenisti, Eyal, The Normative Basis for the Law Regulating Global Governance Institutions (March 18, 2014). GlobalTrust Working Paper 4/2014, Available at SSRN: https://ssrn.com/abstract=2646872 or http://dx.doi.org/10.2139/ssrn.2646872

Eyal Benvenisti (Contact Author)

University of Cambridge - Lauterpacht Centre for International Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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