Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- 1 Introduction: science and risk regulation in international law
- 2 Global risk governance and its legitimacy
- 3 Scientific rationality and risk in international law
- 4 Competing risk regulatory paradigms: sound science and the precautionary principle
- 5 Science and WTO regulation of SPS risk
- 6 Case studies of science and risk regulation in international law
- 7 Democratising global risk governance
- 8 What role for science in international risk regulation?
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
- References
2 - Global risk governance and its legitimacy
Published online by Cambridge University Press: 10 January 2011
Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- 1 Introduction: science and risk regulation in international law
- 2 Global risk governance and its legitimacy
- 3 Scientific rationality and risk in international law
- 4 Competing risk regulatory paradigms: sound science and the precautionary principle
- 5 Science and WTO regulation of SPS risk
- 6 Case studies of science and risk regulation in international law
- 7 Democratising global risk governance
- 8 What role for science in international risk regulation?
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
- References
Summary
Introduction
One of the most debated topics in contemporary international law is the extent to which it constrains the regulatory autonomy of national governments. The interest that this issue presently attracts attests to the substantial changes that have taken place in international legal structures founded on the sovereignty of independent nation states. In a relatively short period of time, many issues traditionally conceived as ones of exclusively domestic concern – such as the health and safety of national populations and environmental protection – have come to be viewed as matters of global import, requiring systems of international regulation. The emergence of global risks, like that of climate change, as well as the processes of economic globalisation, have provided the impetus for the development of international rules that cover an increasingly wider range of activities and penetrate more deeply into national regulatory regimes.
Often the new constraints emerging at the international level do not take the form of specific obligations agreed by states in inter-governmental negotiation processes. Instead they may be the product of decisions taken about the implementation of ongoing multilateral regimes or supranational arrangements, which interpret the nature of governments' commitments or specify requisite modes of decision-making with implications both for the participating nation states and those that they govern. These developments raise the prospect that, in more and more cases, decisions traditionally taken in the domestic sphere will be subject to systems of global regulation and governance.
- Type
- Chapter
- Information
- Science and Risk Regulation in International Law , pp. 12 - 57Publisher: Cambridge University PressPrint publication year: 2010
References
, Governing in Europe: Effective and Democratic? (Oxford University Press, 1999), p. 6CrossRefGoogle Scholar
, and , ‘The Emergence of Global Administrative Law’, Law and Contemporary Problems, 68 (2005), 15Google Scholar
, ‘The Geology of International Law – Governance, Democracy and Legitimacy’, Zeitschrift fur auslandisches offentliches Recht und Volkerrecht, 64(2004), 547Google Scholar
and , ‘The Erosion of State Sovereignty: Towards a Post-Territorial World?’, in Gerard Kreijen et al. (eds.), State, Sovereignty, and International Governance (Oxford University Press, 2002), p. 165Google Scholar
, International Law, 5th edn, (New York: Cambridge University Press, 2003), p. 21CrossRefGoogle Scholar
, ‘Sovereignty, International Relations, and the Westphalian Myth’, International Organization, 55(2) (2001), 282CrossRefGoogle Scholar
, ‘Sovereignty – Myth or Reality?’, International Affairs, 73(1) 140
, ‘Sovereignty and International Law’, in Gerard Kreijen et al. (eds.), State, Sovereignty, and International Governance (Oxford University Press, 2002), p. 31Google Scholar
, Principles of International Environmental Law, 2nd edn, (Cambridge University Press, 2003), pp. 29–30CrossRefGoogle Scholar
, ‘“International Community”, “Interdependence” and All That … Rhetorical Correctness?’, in Gerard Kreijen et al. (eds.), State, Sovereignty, and International Governance (Oxford University Press, 2002), p. 521Google Scholar
and , The New Sovereignty: Compliance with International Regulatory Agreements (Cambridge, MA: Harvard University Press, 1998)Google Scholar
and , ‘Governance and the Limits of Accountability: The WTO, the IMF, and the World Bank’, International Social Science Journal, 53(170) (2001), 569CrossRefGoogle Scholar
, Globalization and Environmental Reform: The Ecological Modernization of the Global Economy (Cambridge, MA: MIT Press, 2001), pp. 71–94Google Scholar
, ‘Intrinsic Negative Effects of Economic Globalization on the Environment’, in James Gustave Speth (ed.), Worlds Apart: Globalization and the Environment (Washington DC: Island Press, 2003), p. 109Google Scholar
, ‘Globalization: Social Process or Political Rhetoric?’, in (ed.), The Limits of Globalization: Cases and Arguments (London: Routledge, 1997), p. 1Google Scholar
, ‘The Myths of Globalization Exposed: Advancing Toward Living Democracy’, in (ed.), Worlds Apart: Globalization and the Environment (Washington DC: Island Press, 2003), p. 141Google Scholar
, Runaway World: How Globalisation is Reshaping Our Lives (London: Profile Books, 1999), p. 13Google Scholar
, ‘The Mechanism of Decision-making Under the Vienna Convention and the Montreal Protocol for the Protection of the Ozone Layer’, in et al. (eds.), State, Sovereignty, and International Governance (Oxford University Press, 2002) p. 413Google Scholar
, ‘The WTO Dispute Settlement System after Ten Years: the First Decade's Promises and Challenges’, in , and (eds.), The WTO in the Twenty-First Century: Dispute Settlement, Negotiations, and Regionalism in Asia (Cambridge University Press, 2007), pp. 31–2Google Scholar
and , ‘Compliance with Global Environmental Policy’, in , and (eds.), The Global Environment: Institutions, Law, and Policy (Washington DC: CQ Press, 2011), p. 172Google Scholar
, ‘WTO Dispute Settlement Practice 1995–2005: Lessons from the Past and Future Challenges’, in , and (eds.), The WTO in the Twenty-First Century: Dispute Settlement, Negotiations, and Regionalism in Asia (Cambridge University Press, 2007), p. 38Google Scholar
, ‘Some Sociological Perspectives on International Institutions and the Trading System’, in , and (eds.), International Economic Law: The State and Future of the Discipline (Portland: Hart Publishing, 2008), p. 82Google Scholar
, ‘What is Free Trade?: The Real Issue Lurking Behind the Trade and Environment Debate’, Virginia Journal of International Law, 41 (2001), 283Google Scholar
, ‘A New Device for Creating International Legal Normativity: The WTO Technical Barriers to Trade Agreement and “International Standards”’, in and (eds.), Constitutionalism, Multilevel Trade Governance and Social Regulation (Portland: Hart, 2006), p. 383Google Scholar
, ‘The WTO, Developing Countries and Technical Assistance for Trade Law Reform’, in , and (eds.), Governance, Development and Globalization (London: Blackstone Press, 2000), p. 353Google Scholar
, ‘Influencing Market Standards: A Voice for Developing Countries’, International Trade Forum, 2 (2003), 30Google Scholar
, The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary (Oxford University Press, 2007), Chapter 2Google Scholar
, ‘Disaggregated Sovereignty: Towards the Public Accountability of Global Government Networks’, Government and Opposition, 39 (2004), 162CrossRefGoogle Scholar
and , The Regulation of International Trade, 3rd edn, (London: Routledge, 2005), pp. 463–4Google Scholar
, ‘Economic Integration and Environmental Protection’, in , and (eds.), The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press, 2011), p. 164Google Scholar
and , ‘Introduction: Globalization and Environmental Governance’, in and (eds.), Earthly Politics: Local and Global in Environmental Governance (Cambridge, MA: MIT Press, 2004), p. 2Google Scholar
, ‘Global Governance and Legitimacy Problems’, Government and Opposition, 39(2) (2004), 268CrossRefGoogle Scholar
et al., Risk, Uncertainty, and Rational Action (London: Earthscan Publications Ltd, 2001), p. 13Google Scholar
, ‘International Integration and Democracy: No Love at First Sight’, AJIL, 95 (2001), 489, 497–8CrossRefGoogle Scholar
, Lawless World: America and the Making and Breaking of Global Rules (London: Allen Lane, 2005), p. 15Google Scholar
, ‘From “Member-Driven Governance” to Constitutionally Limited “Mutlilevel Trade Governance” in the WTO’, in Giorgio Sacerdoti, Alan Yanovich and Jan Bohanes (eds.), The WTO at Ten: the Contribution of the Dispute Settlement System (Cambridge University Press, 2006), p. 86Google Scholar
, ‘Limits to International Trade: the Constitutional Challenge’, in American Society of International Law (ed.), International Law in Ferment: A New Vision for Theory and Practice, Proceedings of the 94th Annual Meeting, April 5–8, 2000 (Washington DC: American Society of International Law, 2000), p. 220Google Scholar
and , ‘Enhancing WTO Legitimacy: Constitutionalization or Global Subsidiarity?’, Governance, 16(1) (2003), 75CrossRefGoogle Scholar
, ‘The Quest for Legitimacy in the European Union’, Modern Law Review, 59(3) (1996), 349CrossRefGoogle Scholar
, ‘“Civilising” Globalisation? The Implications of the “Battle in Seattle”’, Millennium, 29(1) (2002), 105CrossRefGoogle Scholar
and (eds.), The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union (Oxford University Press, 2001)CrossRef
and (eds.), Law and New Governance in the EU and the US (Portland: Hart Publishing, 2006)
, ‘Misfits: EU Law and the Transformation of European Governance’, in and (eds.), Good Governance in Europe's Integrated Market (Oxford University Press, 2002)Google Scholar
, ‘Is There a “Democratic Deficit” in World Politics? A Framework for Analysis’, Government and Opposition, 39 (2004), 336CrossRefGoogle Scholar
, The Constitution of Europe: Do the New Clothes Have an Emperor and Other Essays on European Integration (Cambridge University Press, 1999), p. 337Google Scholar
and , ‘Directly-Deliberative Polyarchy: An Institutional Ideal for Europe?’, in and (eds.), Good Governance in Europe's Integrated Market (Oxford University Press, 2002), p. 289Google Scholar
, ‘“Delegation is Dead, Long Live Delegation”: Managing the Democratic Disconnect in the European Market Policy’, in and (eds.), Good Governance in Europe's Integrated Market (Oxford University Press, 2002), p. 139Google Scholar
and , ‘Accountability and Abuses of Power in World Politics’, American Political Science Review, 99(1) (2005), 33CrossRefGoogle Scholar
, ‘The Rule of Lawyers and the Ethos of Diplomats: Reflections on WTO Dispute Settlement’, in et al. (eds.), Efficiency, Equity, and Legitimacy: the Multilateral Trading System at the Millennium (Washington DC: Brookings Institution Press, 2001), p. 334Google Scholar
, ‘Regulatory Legitimacy in the European Context: the British Health and Safety Executive’, in Giandomenico Majone (ed.), Regulating Europe (London; Routledge, 1996), pp. 90–1Google Scholar
et al., Science and Politics in International Environmental Regimes: Between Integrity and Involvement (Manchester University Press, 2000), pp. 182–3Google Scholar
, ‘The Use of Experts in WTO Dispute Settlement’, International and Comparative Law Quarterly, 51 (2002), 330CrossRefGoogle Scholar
, ‘Regulation and Its Modes’, in (ed.), Regulating Europe (London: Routledge, 1996), p. 16CrossRefGoogle Scholar
, ‘Science and Trans-Science in Standard Setting’, Science, Technology and Human Values (1984) 9(1), 15CrossRefGoogle Scholar
, Breaking the Vicious Circle: Toward Effective Risk Regulation (Cambridge, MA: Harvard University Press, 1993)Google Scholar
, Laws of Fear: Beyond the Precautionary Principle (Cambridge University Press, 2005)CrossRefGoogle Scholar
, ‘Regulatory Legitimacy’, in (ed.), Regulating Europe (London: Routledge, 1996), p. 286CrossRefGoogle Scholar
, ‘“Deliberative Supranationalism” – Two Defences’, European Law Journal, 8(1) (2002), 140CrossRefGoogle Scholar
, ‘Working Principles for Risk Analysis for Application in the Framework of the Codex Alimentarius’, in (ed.), 15th Procedural Manual (Rome: Food and Agriculture Organisation, 2005)Google Scholar