Democracy and Accountability in Earth System Governance Why does administrative law matter?

Democracy and Accountability in  Earth System Governance
Why does administrative law matter? Francesca Spagnuolo

• Have increasingly required global legal framework for transnational issues . not clear how they are to be held accountable.
• Example is Codex Alimentarius Commission (CAC) that adopts food saftey standards. these standards are not binding  however WTO agreement on Application of Sanitary and Phytosanitary Measures uses these rules.
• Most of the trans-sovereign problems are created by private actors and can only be solved through combo of states, international organisations and private entities. For example private actors have helped in development of market based mechanisms for climate change.
• Note Shrimp-Turtle ruling saw NGO's engagement - either deliberative democracy or instrument of Northern dominance? HEre NGO's and private alligned with peverse motives mainly protectionism. Question here is where administrative law procedures can be used as an instrument to secure inclusion of all relevant parties .
• Global admin law seen as growing body of law and a instrument of democratic legitimacy.
• Good example is the Aarhus convention which enforces domsestic authortities to implement rights to citizens (such as access to information)
• Versions of procedural rights, which have been used in domestic contexts to legitimate  and control public power, are increasingly granted in earth system governance, as a  few examples illustrate. The right to access information, for instance, is granted,  among other treaties, by the Aarhus Convention the Code of Conduct for Responsible Fisheries, and the Cartagena Protocol on Biosafety; the right to
  participate in adjudicatory and rule-making procedures is provided by the Dispute Settlement Understanding of WTO (e.g. in Shrimp-Turtle case), etc
• Domestic law more advanced and procedural law only one part of larger body of law , global are more defined on a sector or area. This elementary stage could be a postive in terms of shaping for future.
• Must be congisant of the fact that developed world is often at an advantage -for example in the case of CODEX standards which -> lower participation.
• Biggest challenge of global admin law will be enabling participation and control over how decision are taken