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Urueña Hernandez, René Fernando --- "Global Administrative Law and the Global South" [2016] ELECD 423; in Cassese, Sabino (ed), "Research Handbook on Global Administrative Law" (Edward Elgar Publishing, 2016) 392

Book Title: Research Handbook on Global Administrative Law

Editor(s): Cassese, Sabino

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478453

Section: Chapter 18

Section Title: Global Administrative Law and the Global South

Author(s): Urueña Hernandez, René Fernando

Number of pages: 23

Abstract/Description:

Global Administrative Law (GAL) emerges as an intellectual effort that features at least two dimensions. On the one hand, it proposes a sophisticated description of the recent transformations in global regulatory governance, which are beyond the grasp of the traditional toolkits of both domestic and public international laws. In this sense, GAL has been proficient in mapping, from a legal perspective, the new actors and dynamics of regulatory governance, many of which are described in other chapters of this Handbook, and which were often overlooked in traditional legal scholarship. GAL is also a normative project. It posits a central role for law (and for administrative law-like tools in particular) in the wider interdisciplinary project of controlling the unfettered exercise of global power. In this dimension, GAL has emphasized the importance of certain practices (such as transparency, participation and accountability) to improving governance, and has also explored various strategies and regulatory architectures that could help to achieve some of these objectives. In both of these dimensions, the challenges underlying GAL resonate with the work of scholars, activists and practitioners concerned with the way that global governance affects the lives of people in the Global South. A key early contribution to this debate was made by BS Chimni, the scholar of the Third World Approaches to International Law (TWAIL).