1. Introduction -- 2. Factual evidence in relation to cluster munitions -- 3. Existing international humanitarian law relevant to cluster munitions -- 4. Jurisprudence on IHL in relation to cluster munition use -- 5. The use of cluster munitions as a human rights problem -- 6. Issues related to cluster munition use before human rights mechanisms -- 7. The Oslo process on cluster munitions and its interaction with the CCW -- 8. The Convention on Cluster Munitions -- 9. Conclusions.
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In: published in Albert Jan van den Berg (ed.), Legitimacy: Myths, Realities, Challenges (ICCA Congress Series, 18) (Alphen aan den Rijn: WoltersKluwer, 2015) 789-827
Amid the wave of privatization & "deregulation" across the globe, a new set of regulatory structures is being created. The fact that deregulation actually involves "re-regulation" has been acknowledged in the recent literature, but the tension between regulation & public participation has been understudied in these new structures. While some private markets need effective regulation to reduce transactions costs & ensure stable market rules, consumers need regulation that is responsive to, & protective of, their interests. Consumer participation, therefore, is an important component of effective regulation. Effective regulation must also consider collective national or public interests, including the well-being of corporations. Therefore, regulatory agencies need to be both independent from, & responsive to corporate, consumer, & public interests. This article will briefly examine the tension among the competing goals of regulatory independence & responsiveness, & then conduct a broad survey of the status quo of public participation in national regulatory structures for electricity in the Americas. Our case studies demonstrate a wide variety of institutional mechanisms for participation, yet we find that no existing system seems to embrace direct participation by a wide set of consumers. The problems are even more acute in developing countries. We conclude by looking at recent experiments & proposals to improve the levels of participation in regulatory decision making. 1 Table, 95 References. Adapted from the source document.
