Transnational Legal Theory
Global Administrative Law, Global Governance, TWAIL, Public International Law, International Criminal Law, Interdisciplinary Approaches to Law
Professor Ladeur argues that administrative law’s postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, accountability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmodern legality and support the creation of norms that will adapt to the complexities of globalization. Ladeur’s contestation, similar to GAL’s propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law as an example, it is suggested that the creation of networks that Ladeur makes visible may not account for ‘regulatory capture’. This paper will argue that from the outside, the proliferation of networks may suggest that spontaneous accountability is possible. A closer look however, drawing on anthropological insights from ICTR, reveals that international institutions are susceptible to capture by special interests. Moreover there are two central themes that animate the response to Professor Ladeur: the political nature of international institutions and the history of international law and the role of institutions in this history.
Xavier, Sujith. (2012). Theorising Global Governance Inside-Out: A Reply to Professor Ladeur. Transnational Legal Theory, 3 (2), 268.