Suchergebnisse

A global due process of law? /S Cassese --Globalisation and extraterritorial regulation : an unexceptional exception /S Battini --Shared administration and networks : global and EU perspectives /P Craig --Principles of an international order of information /E Schmidt-Assmann --Possible controls over the bending of regulatory science /P Strauss --Accountability as a value for global governance and global administrative law /C Harlow --Would international courts be able to fill the accountability gap at the global level? /T Zwart --The place of public interest /J Morison and G Anthony --Public goods and global administrative law /J-B Auby --Global citizenship and global legitimacy /L Ortega --Affirmative action : a new challenge for equality /G Gerapetritis --Fundamental rights in the global and European law order /J Dutheil de la Rochere --Administrative due or fair process : different paths in the evolutionary formation of a global principle and a global right /S Correia --Access to justice, legal certainty, and economic rationality /A Gordillo --Processes of transnationalisation of administrative values : administrative regulation and transparency in the EU /F Goudappel and T van den Brink --Globalisation of administrative law--the European experience /T Koopmans

Award date: 22 November 2017 ; Supervisor: Professor Nehal Bhuta ; This thesis is an attempt to understand the multistakeholder model of governance within the Internet Corporation for Assigned Names and Numbers (ICANN) through the lens of Global Administrative Law (GAL). ICANN is presented within GAL scholarship as a successful example that has incorporated principles found within GAL. This thesis questions that notion, and presents a narrative of ICANN that demonstrates some of the normative issues underlying the incorporation of GAL principles. In this thesis, I argue that ICANN does not neatly fit into the GAL narrative and is in fact an attempt akin to fitting a square peg into a round hole, by ignoring the salient features of ICANN. Ultimately, I believe that this enquiry will contribute to GAL scholarship as well as the present understanding of ICANN. For the former, this thesis discusses the most important principles of GAL, namely accountability, transparency, participation and engagement, and publicness. For the latter, this thesis highlights the shortcomings of ICANN and gives a yardstick on which ICANN could be measured.

Globalisation, which has integrated the whole world into a unit by a vast range of regulatory regime, has led to the emergence of a global state through international institutions. These institutions regulate the social, economic and political life of states. Therefore it has led to the emergence of the concept of Global Governance. This concept of Global Governance has led to development of the concept of Global Administrative Law (GAL). This GAL concept is based on the idea of understanding global governance as administration, which can be organised and shaped by principles of an administrative law character. In this way GAL is related to trans-governmental regulation and administration designed to address the consequences of globalised interdependence in such fields as security, trade conditions on development and financial assistance, banking and financial regulations, Intellectual Property Rights, Labour standards and cross-border movements of populations, including refugees. Isolated national regulations cannot govern these different areas and administrative measures and therefore various transnational systems of regulation or regulatory co-operation have been established through international treaties and organisations. To implement these regulations, transnational administrative bodies—including international organisations and informal groups of officials that perform administrative functions, are established. However these institutions are not directly subject to control by national governments or domestic legal systems or, in the case of treaty-based regimes, the states party to the treaty. However their regulatory decisions may be implemented directly against private parties by the global regime or more commonly through implementing measures at the national level. This situation has led to the question of accountability, fairness and transparency and due process in the functioning of these bodies. GAL is developed in response to this question, which attempts to extend the application of domestic administrative law to intergovernmental regulatory decisions that affect a nation.