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The concept of ‘law’ in global administrative law : a reply to Benedict Kingsbury
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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. doi:10.1093/ejil/chp095 ISSN 1464-3596.
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Official URL: http://dx.doi.org/10.1093/ejil/chp095
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 | ||||
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Subjects: | K Law [Moys] > KC International Law | ||||
Divisions: | Faculty of Social Sciences > School of 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 | ||||
Official Date: | 2009 | ||||
Dates: |
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Volume: | Vol.20 | ||||
Number: | No.4 | ||||
Page Range: | pp. 997-1004 | ||||
DOI: | 10.1093/ejil/chp095 | ||||
Status: | Peer Reviewed | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
Date of first compliant deposit: | 16 December 2015 | ||||
Date of first compliant Open Access: | 16 December 2015 | ||||
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