The Emergence of Global Governance and the Corresponding Need to Regulate It

GlobalTrust Working Paper Series 3/2014

46 Pages Posted: 24 Aug 2015 Last revised: 10 Sep 2015

See all articles by Eyal Benvenisti

Eyal Benvenisti

University of Cambridge Faculty of Law

Date Written: March 18, 2014

Abstract

These two draft chapters set out the general framework of the study of global governance and explore the emergence of global governance bodies, explaining the growing need to find ways to regulate it. These chapters are the draft texts of the Introduction and Chapter 2 of my Hague Lectures on “The Law of Global Governance” forthcoming in the 368 Recueil des cours and in the Pocketbook Series of the Hague Academy of International law. The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law – international, regional, domestic, formal or soft – should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations that global institutions adopt rules and institutions that ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analyzing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.

Note: The following are the texts of the Introduction and Chapter 2 of my Hague Lectures on “The Law of Global Governance”

Keywords: international law, global governance

JEL Classification: K23, K33

Suggested Citation

Benvenisti, Eyal, The Emergence of Global Governance and the Corresponding Need to Regulate It (March 18, 2014). GlobalTrust Working Paper Series 3/2014. Available at SSRN: https://ssrn.com/abstract=2646877

Eyal Benvenisti (Contact Author)

University of Cambridge Faculty of Law ( email )

Lauterpacht Centre for International Law
5 Cranmer Centre
Cambridge, CB3 9BL
United Kingdom

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