AbstractIn a post-Cold War era characterised by globalisation and deep interdependence, the actions of national governments increasingly have an effect beyond their own territorial borders. Moreover, key agents of global governance – international organisations and their bureaucracies, non-state actors and private agents – exercise pervasive forms of authority. Due to these shifts, it is widely noted that world politics suffers from a democratic deficit. This article contributes to work on global democracy by looking at the role of international courts. Building upon an original dataset covering the 24 international courts in existence since the end of the Second World War, we argue that international courts are able to advance democratic values and shape democratic practices beyond the state. They can do so by fostering equal participation, accountability, and public justification that link individuals directly with sites of transnational authority. We contend that the ability of international courts to promote these values is conditioned by institutional design choices concerning access rules, review powers, and provisions regarding judicial reason-giving. We canvass these design features of different international courts and assess the promises and pitfalls for global democratisation. We conclude by linking our analysis of international courts and global democratisation with debates about the legitimation and politicisation of global governance at large.
In: 2012. Swiss Political Science Review. Special Issue: The (Democratic) Legitimacy of Global Governance: New Theoretical and Empirical Perspectives, Band 18 (2)
AbstractPast decades have witnessed a shift in international cooperation toward growing involvement of transnational actors (TNAs), such as nongovernmental organizations, multinational corporations, and philanthropic foundations. This article offers a comprehensive theoretical and empirical account of TNA access to IOs. The analysis builds on a novel data set, covering formal TNA access to 298 organizational bodies from fifty IOs over the time period 1950 to 2010. We identify the most profound patterns in TNA access across time, issue areas, policy functions, and world regions, and statistically test competing explanations of the variation in TNA access. The central results are three-fold. First, the empirical data confirm the existence of a far-reaching institutional transformation of IOs over the past sixty years, pervading all issue areas, policy functions, and world regions. Second, variation in TNA access within and across IOs is mainly explained by a combination of three factors: functional demand for the resources of TNAs, domestic democratic standards in the membership of IOs, and state concerns with national sovereignty. Third, existing research suffers from a selection bias that has led it to overestimate the general importance of a new participatory norm in global governance for the openness of IOs.