About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


37 N.Y.U. J. Int'l. L. & Pol. 799 (2004-2005)
Co-Option and Resistance: Two Faces of Global Administrative Law

handle is hein.journals/nyuilp37 and id is 811 raw text is: CO-OPTION AND RESISTANCE: TWO FACES OF GLOBAL ADMINISTRATIVE LAW B.S. CHIMNI* I. INTRODUCTION This Article addresses some issues relating to the emer- gence of global administrative law from a third world perspec- tive.' The essential idea is to determine the nature, character, and limits of an evolving global administrative law (GAL).2 In order to do so, this Article departs from a formalistic and nar- row definition of global administrative law that excludes the content of substantive rules from its ambit entirely, confining it to the operation of existing or possible principles, procedu- ral rules and reviewing and other mechanisms relating to ac- countability, participation, and assurance of legality in global governance.'3 This Article instead seeks to assign GAL a more expansive meaning in the context of the changes that are transforming the nature and character of international law and institutions in the era of globalization. A strict separation of the content of substantive rules and GAL, which is largely procedure, is not tenable as states slowly evolve into adminis- trative agencies of international institutions (as, for example, in the case of World Trade Organization (WTO)), and be- cause the operation of GAL can impact the content of substan- tive rules or be co-opted and subverted by them. The princi- pal aim of this Article, however, is to explore the conditions in * Vice-Chancellor, W.B. National University of Juridical Sciences, Kolkata, India. I would like to thank Nico Krisch and Benedict Kingsbury for their insightful comments. The usual caveat applies. 1. In this paper, the terms third world countries and developing countries are used interchangeably. For a third world perspective on inter- national law, see generally B.S. Chimni, Third World Approaches to International Law: A Manifesto, in THE THIRD WORLD AND INTERNATIONAL ORDER: LAW, POLITICS AND GLOBALIZATION 47-73 (Anthony Anghie et al. eds., 2003); B.S. Chimni, Towards a Radical Third World Approach to Contemporary International Law, INT'L CENTER FOR COMP. L. & POL. REv., Oct. 2002, at 14. 2. On global administrative law, see the seminal article of Benedict Kingsbury, Nico Krisch & Richard B Stewart, The Emergence of Global Adminis- trative Law, 68 LAW & CONTEMP. PROBS. 15 (Summer/Autumn 2005). 3. Id. at 29. 799 Imaged with the Permission of N.Y.U. Journal of International Law and Politics