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The Oxford Handbook of the Theory of International Law edited by Orford, Anne; Hoffmann, Florian (2nd June 2016)

Part II Approaches, Ch.26 Global Administrative Law and Deliberative Democracy

Benedict Kingsbury, Megan Donaldson, Rodrigo Vallejo

From: The Oxford Handbook of the Theory of International Law

Edited By: Anne Orford, Florian Hoffmann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 October 2019

Subject(s):
Democracy — Customary international law — General principles of international law — Relationship of international law & host state law — Sources of international law

This chapter attempts to bring ‘global administrative law’ (GAL) and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks the tools to respond to the globalization and diffusion of political authority; and secondly, that GAL is not presently democratic—it has no room for democratic concerns in its emerging norms. As such, the chapter aims to give an overview of GAL and some of its contributions to international legal theory; explore the way in which GAL’s focus on innumerable capillary-level sites of power may open promising terrain for the instantiation of democracy beyond the state; consider how work on GAL can be enhanced by engaging with, and drawing ideas from, work on deliberative democracy; and note the rising impact and future potential of democratic striving in the practice of institutional entrepreneurship and GAL lawyering.

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