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Diversity and pluralism in earth system governance: Contemplating the role for global administrative law

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  • Spagnuolo, Francesca
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    Abstract

    This article aims to explore whether procedural rights and administrative law mechanisms - such as, for example, the right to a hearing, the duties to provide a reasoned decision and to disclose relevant information - can enhance the accountability and democratic legitimacy of earth system governance. The democracy-enhancing potential of such mechanisms and rights - which in the national context have proved to be beneficial in strengthening citizens' participation and the acceptance of decisions - can be limited in the global arena, by a number of factors. One of these factors is "legal imperialism", understood as the grafting onto the global level rules and institutions that impose the hegemony of western values. In fact, administrative law mechanisms, being a construct of a certain type of western, liberal model of the state (and its capitalist model of development), could be perceived, in developing countries as an instrument to reproduce the dominant position of advanced industrialized countries and their economic actors. The analysis suggests that in order to realize their democracy-enhancing potential, these mechanisms should draw, as far as possible, on cross-cultural principles, and be supported by financial and technical instruments enabling "developing countries" and marginalized groups to engage in dialog with the most powerful actors.

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    Bibliographic Info

    Article provided by Elsevier in its journal Ecological Economics.

    Volume (Year): 70 (2011)
    Issue (Month): 11 (September)
    Pages: 1875-1881

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    Handle: RePEc:eee:ecolec:v:70:y:2011:i:11:p:1875-1881

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    Web page: http://www.elsevier.com/locate/ecolecon

    Related research

    Keywords: Earth system governance Global administrative law Accountability Legitimacy Pluralism Diversity;

    References

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    Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
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    1. Aarti Gupta, 2008. "Transparency Under Scrutiny: Information Disclosure in Global Environmental Governance," Global Environmental Politics, MIT Press, vol. 8(2), pages 1-7, 05.
    2. Aarti Gupta, 2010. "Transparency as Contested Political Terrain: Who Knows What about the Global GMO Trade and Why does it Matter?," Global Environmental Politics, MIT Press, vol. 10(3), pages 32-52, August.
    3. Mitchell, Ronald B., 2011. "Transparency for governance: The mechanisms and effectiveness of disclosure-based and education-based transparency policies," Ecological Economics, Elsevier, vol. 70(11), pages 1882-1890, September.
    4. Biermann, Frank & Gupta, Aarti, 2011. "Accountability and legitimacy in earth system governance: A research framework," Ecological Economics, Elsevier, vol. 70(11), pages 1856-1864, September.
    5. Agarwal, Bina, 2001. "Participatory Exclusions, Community Forestry, and Gender: An Analysis for South Asia and a Conceptual Framework," World Development, Elsevier, vol. 29(10), pages 1623-1648, October.
    6. Frank Biermann & Michele Betsill & Joyeeta Gupta & Norichika Kanie & Louis Lebel & Diana Liverman & Heike Schroeder & Bernd Siebenhüner & Ruben Zondervan, 2010. "Earth system governance: a research framework," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 10(4), pages 277-298, December.
    7. Matsushita, Mitsuo & Schoenbaum, Thomas J. & Mavroidis, Petros C., 2006. "The World Trade Organization: Law, Practice, and Policy," OUP Catalogue, Oxford University Press, edition 2, number 9780199208005, September.
    8. Matsushita, Mitsuo & Schoenbaum, Thomas J. & Mavroidis, Petros C., 2006. "The World Trade Organization: Law, Practice, and Policy," OUP Catalogue, Oxford University Press, edition 2, number 9780199284566, September.
    9. Rosendal, G. Kristin & Andresen, Steinar, 2011. "Institutional design for improved forest governance through REDD: Lessons from the global environment facility," Ecological Economics, Elsevier, vol. 70(11), pages 1908-1915, September.
    10. Dryzek, John S. & Stevenson, Hayley, 2011. "Global democracy and earth system governance," Ecological Economics, Elsevier, vol. 70(11), pages 1865-1874, September.
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    Cited by:
    1. Sylvia Karlsson-Vinkhuyzen, 2013. "The role of principles for allocating governance levels in the 2002 World Summit on Sustainable Development," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 13(4), pages 441-459, November.
    2. Mitchell, Ronald B., 2011. "Transparency for governance: The mechanisms and effectiveness of disclosure-based and education-based transparency policies," Ecological Economics, Elsevier, vol. 70(11), pages 1882-1890, September.
    3. Biermann, Frank & Gupta, Aarti, 2011. "Accountability and legitimacy in earth system governance: A research framework," Ecological Economics, Elsevier, vol. 70(11), pages 1856-1864, September.

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