Kuo, Ming-Sung. (2009) The concept of ‘law’ in global administrative law : a reply to Benedict Kingsbury. European Journal of International Law, Vol.20 (No.4). pp. 997-1004. ISSN 1464-3596

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Abstract

Departing from the Westphalian tradition, global administrative law is seen as arising from the pragmatic needs of transboundary regulation underpinned by a normative aspiration to rule of law beyond national boundaries. Unhinged from state consent, however, it faces a twofold challenge: legality and legitimacy. The former centers on the distinction between law and non-law; the latter is concerned with the legitimacy of global administrative law. Benedict Kingsbury’s The Concept of ‘Law’ in Global Administrative Law attempts to answer this twofold challenge by centering the new paradigm of international law, as epitomized by global administrative law, on the notion of publicness. First, he pins its solution on the substantive concept of publicness. Second, he portrays global administrative law as an inter-public law, governing the relationship among regulatory regimes in accordance with the value of publicness. This Reply argues that Kingsbury’s publicness-centered conception of international law does not resolve the challenges facing global administrative law. Rather, his version of global administrative law does not so much correspond to an inter-public law as points to a post-public conception of legitimacy, reflecting the trend of addressing the issue of fragmentation by tacitly adopting the strategy of privatization in global administrative law scholarship.

Item Type:	Journal Article
Subjects:	K Law > KZ Law of Nations
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Administrative law, International law
Journal or Publication Title:	European Journal of International Law
Publisher:	Oxford University Press
ISSN:	1464-3596
Date:	2009
Volume:	Vol.20
Number:	No.4
Page Range:	pp. 997-1004
Identification Number:	10.1093/ejil/chp095
Status:	Peer Reviewed
Access rights to Published version:	Restricted or Subscription Access
Related URLs:	Other Repository
URI:	http://wrap.warwick.ac.uk/id/eprint/34867

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