Rise Of Global Governance Research Articles

Global Administrative Governance: Liberalization of Government Procurement in Third World Countries

Globalization and the rise of global governance are transforming the structure of International law. From the perspective of the classical, interstate consent-based international law, global governance may still appear merely as a quantitative increase in international legal instruments. On the other hand, some requirement for adoption international law is needed, particularly through a classic scheme for binding force of international law into national legal system. Classic method means that such agreement which is concluded by states. One of the interstate consent based international law is Government Procurement Agreement (GPA) which legally binding agreement in the WTO focusing on the subject of government procurement. Since GPA is a multilateral treaty administered by a Committee on Government Procurement, which includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement. In fact, the majority of member state, particularly most developing countries are not party the GPA, so there is no legal obligation to observe all the provision of GPA. It seems to be a great obstacle for developing countries to adopt the GPA provisions by several reasons In sum, global administrative governance takes some roles to reform some legal frame works in developing countries. A great contribution produced some positive legal reforms in term of the achievement of competitive and transparent government procurement.

Best practices in global governance

AbstractBest practices are increasingly used to govern a range of global issues. Yet, the rise of global governance through best practices has received scant attention in the International Relations literature. How do best practices differ from other modes of governance? How are they constructed? And to what end? We offer a novel conceptualisation of best practices as a unique mode of global governance principally distinguished by basing claims of political authority on existing practices. Belying their apolitical terminology, best practices in global governance are purposively constructed by political actors to steer targeted actors toward desired ends. We illustrate the characteristics of governance through best practices with reference to state and non-state global governance initiatives in a wide range of issue areas, ranging from finance and development to human rights and the environment, and through an in-depth case study of the ISEAL Alliance, a disseminator of best practices for transnational sustainability standard-setters. We find that governance through best practices has both positive and negative consequences. While it offers a pragmatic approach to global governance under conditions of fragmentation and polycentricity, it can also mask underlying power dynamics and political agendas and therefore requires ongoing critical scrutiny.

Post-national (international) law at the end of history

The post-Cold War world has seen the rise of global governance, a governance by international institutions that increasingly manages to bypass the traditional mechanisms of international law-making and, more importantly, domestic procedures of incorporation. This has put into question the legitimacy of the international legal order for which legal scholars have put forward proposals for reform – a post-national legal order. What they see is the democratic deficit of global governance and propose models of legal order that try to fix it. However, what they do not justify is their basic assumption: why democracy (and equality and rights) in a world that is increasingly rejecting it? By not justifying this assumption, legal scholars have withdrawn themselves from the next ideological debate: why are democracy and rights the best alternatives for a future legal order?

Introduction: Global Governance and Global Administrative Law in the International Legal Order

Globalization and the rise of global governance are transforming the structure of international law, though much of this transformation takes place beneath the surface of the international legal order and often goes unnoticed. From the perspective of classical, inter-state, consent-based international law, global governance may still appear merely as a quantitative increase in international legal instruments, sometimes coupled with stronger enforcement mechanisms and accompanied by some changes in procedures of treaty-making. Yet central pillars of the international legal order are seen from a classical perspective as increasingly challenged: the distinction between domestic and international law becomes more precarious, soft forms of rulemaking are ever more widespread, the sovereign equality of states is gradually undermined, and the basis of legitimacy of international law is increasingly in doubt. Global administrative law, the focus of this symposium issue, approaches cognate changes from a particular angle. It starts from the observation that much of global governance can be understood as regulation and administration, and that we are witnessing the emergence of a ‘global administrative space’: a space in which the strict dichotomy between domestic and international has largely broken down, in which administrative functions are performed in often complex interplays between officials and institutions on different levels, and in which regulation may be highly effective despite its predominantly non-binding forms. In practice, the increasing exercise of public power in these structures has given rise to serious concerns about legitimacy and accountability, prompting patterns of responses to those concerns in many areas of global governance. Accountability problems are addressed through greater transparency, through notice-and-comment procedures in rule-making, and through new avenues of judicial and administrative review, in a vast array of disparate areas, such as global banking regulation, Security Council sanctions administration, the international administration of refugees or the domestic regulation of transboundary environmental issues. Global administrative law proposes drawing together these dispersed

Vernacular Security: The Politics of Feeling Safe in Global, National and Local Worlds

Tracing the political history of the concept of ‘security’ through a variety of global, national and regional inflections, this article argues for the analytical usefulness of the concept of ‘vernacular security’. Entailed by this concept is a proposal to treat ‘security’ as a socially situated and discursively defined practice open to comparison and politically contextualized explication, rather than merely an analytical category that needs refined definition and consistent use. While the ideas and politics of security associated with the rise of global governance are built on late-modern ideas about what it means to be safe, global governance is not seamless in its extension. The apparent universalism of the ontology and politics of global security therefore breaks down into a more complex pattern upon closer inspection. Based on material from Indonesia, the article suggests that the ‘onto-politics’ of security have global, national and local inflections, the interplay of which requires re-examination.