In this Article, we describe an emerging arena of global administration. We claim that this arena, not bounded by a state, raises accountability problems of a kind different from those addressed by conventional administrative law. And we argue that measures designed to address these problems will have potentially large implications for democratic theory and practice.
Our argument starts from the premise – stated here without nuance – that something new is happening politically beyond the borders of individual states and irreducible to their voluntary interactions. To distinguish these developments from what is commonly called "international law and politics," we use the term "global politics." The emergence of global politics is marked by a proliferation of political settings beyond domestic boundaries. This proliferation expands the range of relevant political actors, while shifting our understanding of political units and of relations among them: the emergence of human rights as limits on Westphalian sovereignty was a first step in this shift, but not the last.
Administrative Law | International Law | Law | Law and Politics
European Legal Studies Center
Joshua Cohen & Charles F. Sabel,
N.Y.U. J. Int'l. L. & Pol.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/513