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Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.
This volume investigates the emergence and justification of procedural due process requirements within regional and global regulatory regimes that operate beyond the traditional jurisdiction of the nation-state. Giacinto della Cananea, a scholar of administrative law, examines how international entities like the European Union and the World Trade Organization have adopted procedural safeguards similar to those found in advanced national legal systems. The author argues that these requirements are driven not only by the need to protect individual rights against the misuse of power but also by the broader objectives of good governance and inter-institutional cooperation.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a significant contribution to the study of global administrative law. Experts frequently note the academic rigor and the clarity with which the author bridges the gap between national administrative traditions and emerging international standards.
Page Count:
240
Publication Date:
2016-01-01
Publisher:
OUP Oxford
ISBN-10:
0191092622
ISBN-13:
9780191092626
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