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Ersatz Normativity Or Public Law In Global Governance? The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury
Ersatz Normativity Or Public Law In Global Governance? The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury
Megan A Donaldson
Taking global prescriptions for national infrastructure regulation as a case study, this Article examines the nature and implications of the mingling of law, governance, and economics that is increasingly prevalent in global regulatory governance. It focuses on three sets of formally non-binding but influential instruments issued in the 2000s by the World Bank, the OECD, and UNCITRAL, each of which promotes far-reaching reforms to existing public law and institutions. The Article excavates these instruments' unarticulated theories of the state and its roles, and their visions of the nature and preferred features of law. It explores the use by these instruments …
The Adoption Of Transparency Policies In Global Governance Institutions: Justifications, Effects, And Implications, Megan Donaldson, Benedict Kingsbury
The Adoption Of Transparency Policies In Global Governance Institutions: Justifications, Effects, And Implications, Megan Donaldson, Benedict Kingsbury
Megan A Donaldson
Formal transparency policies are increasingly prevalent in global governance institutions, partially attenuating the influence in these institutions of practices of secrecy inherited from interstate diplomacy. This article assesses the incidence and specific characteristics of formal transparency policies across a select group of institutions and outlines some of the justifications given for these policies - including justifications based on the publicness of these institutions - and for the more controversial exceptions to transparency, such as the exception for deliberative materials. It examines three drivers affecting the adoption, form, and content of transparency policies and other transparency measures in these institutions: spillover …
Roles Of Law In The Regulatory States Of The South, Benedict Kingsbury, Megan A. Donaldson
Roles Of Law In The Regulatory States Of The South, Benedict Kingsbury, Megan A. Donaldson
Megan A Donaldson
No abstract provided.