Global Administrative Law: A Transnational Perspective

2021 ◽  
pp. 156-178
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Decision Making ◽  
Administrative Law ◽  
International Treaties ◽  
Public And Private ◽  
Private Actors

The most important phenomena attributable to the project of “global administrative law” (GAL) consists of rules, principles, practices, or procedures that have a more informal character and are generated from networks of public and private actors. The main characteristics of those rules is that they tend to be generated below the level of formal international treaties and that norm production occurs—at least in part—outside traditional formal modes of decision-making. However, some GAL norms including standards on products and services in particular, can have far reaching consequences as their factual weight is much more influential than domestic norms. GAL also develops new forms of procedure (e.g., voting) that are different from traditional international forms.

Civic festivals and collaborative governance

2016 ◽  
Vol 84 (1) ◽  
pp. 185-205 ◽  
Author(s):  
Sandro Cabral ◽  
Dale Krane
Keyword(s):  
Decision Making ◽  
Qualitative Analysis ◽  
Collaborative Governance ◽  
Joint Activity ◽  
Public And Private ◽  
Factors Affecting ◽  
Collaborative Action ◽  
Governance Models ◽  
Collaboration Process ◽  
Private Actors

Civic festivals offer an exceptional laboratory for the study of collaborative governance because these events are ubiquitous and are characterized by public and private partners engaged in joint activity. Using the Carnival festival of Salvador, Brazil, as an example, we analyze the current models of collaborative governance to determine whether they apply to the context of large civic festivals. Drawing primarily on Ansell and Gash’s (2008) model, our qualitative analysis shows that some constructs of collaborative governance models are present. However, our results uncover other factors affecting the collaboration process such as informal relationships and the basis of decision-making. Our results also suggest that trust, a factor commonly argued as necessary to collaborative action, may be less critical than received theories suggest. Points for practitioners Large civic festivals are a unique laboratory for studying inter-organizational collaboration because these events normally involve a myriad of public and private actors working in an interdependent fashion. Our study reveals some factors not covered by previous research that influence the dynamics of collaboration. We observe that repeated interactions between technical experts can foster informal (and effective) networks of collaboration and circumvent the problems generated by political disputes. The bases on which decisions are taken are also important factors to enhance collaboration. We found that trust, a factor commonly argued as necessary to collaborative action, may be less critical than received theories suggest.

Remote Control: TPP’s Administrative Law Requirements as Megaregulation

2019 ◽  
pp. 384-412 ◽  
Author(s):  
Paul Mertenskötter ◽  
Richard B. Stewart
Keyword(s):  
Decision Making ◽  
Remote Control ◽  
Administrative Law ◽  
International Treaty ◽  
Regulatory Decision ◽  
Treaty Negotiations ◽  
Social Interests ◽  
Private Actors ◽  
Market Relations ◽  
Domestic Regulation

The Trans-Pacific Partnership (TPP) includes many and varied administrative law obligations for the parties’ domestic regulation and administration which form an integral part of its megaregulation project. These treaty requirements for regulatory procedures operate as instruments of transnational remote control by empowering private actors to use the procedures to pursue and defend their interests in other states. To create this remote control, TPP uses rules and structures for regulatory decision-making that reflect a US understanding of administrative law and its implicit regulatory capitalist model for the structuring of state–market relations. To explain how remote control works, we synthesize McNollgast’s conception of regulatory procedures in the purely domestic context as instruments of political control and Putnam’s theorization of international treaty negotiations as a two-level game. We show how procedural obligations in TPP are designed to stack the deck to favor certain interests—business firms rather than environmental and social interests—and why treaty negotiators may find it easier to agree on procedures than on substantive commitments.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

scholarly journals Exploring patterns in psychiatric outpatients’ preferences for involvement in decision-making: a latent class analysis approach

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Ingunn Mundal ◽  
Mariela Loreto Lara-Cabrera ◽  
Moisés Betancort ◽  
Carlos De las Cuevas
Keyword(s):  
Decision Making ◽  
Depressive Disorder ◽  
Latent Class ◽  
Psychiatric Patients ◽  
Mental Healthcare ◽  
Psychological Reactance ◽  
Psychiatric Outpatients ◽  
Public And Private ◽  
Level Of Education ◽  
Healthcare Settings

Abstract Background Shared decision-making (SDM), a collaborative approach that includes and respects patients’ preferences for involvement in decision-making about their treatment, is increasingly advocated. However, in the practice of clinical psychiatry, implementing SDM seems difficult to accomplish. Although the number of studies related to psychiatric patients’ preferences for involvement is increasing, studies have largely focused on understanding patients in public mental healthcare settings. Thus, investigating patient preferences for involvement in both public and private settings is of particular importance in psychiatric research. The objectives of this study were to identify different latent class typologies of patient preferences for involvement in the decision-making process, and to investigate how patient characteristics predict these typologies in mental healthcare settings. Methods We conducted latent class analysis (LCA) to identify groups of psychiatric outpatients with similar preferences for involvement in decision-making to estimate the probability that each patient belonged to a certain class based on sociodemographic, clinical and health belief variables. Results The LCA included 224 consecutive psychiatric outpatients’ preferences for involvement in treatment decisions in public and private psychiatric settings. The LCA identified three distinct preference typologies, two collaborative and one passive, accounting for 78% of the variance. Class 1 (26%) included collaborative men aged 34–44 years with an average level of education who were treated by public services for a depressive disorder, had high psychological reactance, believed they controlled their disease and had a pharmacophobic attitude. Class 2 (29%) included collaborative women younger than 33 years with an average level of education, who were treated by public services for an anxiety disorder, had low psychological reactance or health control belief and had an unconcerned attitude toward medication. Class 3 (45%) included passive women older than 55 years with lower education levels who had a depressive disorder, had low psychological reactance, attributed the control of their disease to their psychiatrists and had a pharmacophilic attitude. Conclusions Our findings highlight how psychiatric patients vary in pattern of preferences for treatment involvement regarding demographic variables and health status, providing insight into understanding the pattern of preferences and comprising a significant advance in mental healthcare research.

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)

2012 ◽  
Vol 11 (2) ◽  
pp. 199-251 ◽  
Author(s):  
Peter C. Hansen
Keyword(s):  
World Bank ◽  
Administrative Law ◽  
International Treaties ◽  
Quarter Century ◽  
Legal Principles ◽  
The World Bank ◽  
The World ◽  
Contract Of Employment ◽  
External Sources ◽  
National Governments

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

scholarly journals PHASED MULTI‐TARGET AREAL DEVELOPMENT COMPETITIONS: ALGORITHMS FOR COMPETITOR ALLOCATION

2009 ◽  
Vol 13 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Pertti Lahdenperä
Keyword(s):  
Real Estate ◽  
Planning Process ◽  
Selection Process ◽  
Development Project ◽  
Real Estate Development ◽  
Urban Structure ◽  
Public And Private ◽  
Competition Process ◽  
The Right ◽  
Private Actors

The prevailing practice in new areal real estate development is for public and private actors to perform their duties by turns. Yet, the planning process could benefit from simultaneous contributions from society and developers and their designers. That, again, requires that the municipality selects the private partner consortia prior to completion of the local detailed plan through a competition in order to find the most potential actors and the best ideas for implementation of an urban structure of high quality. Candidates will be attracted by offering them the right to implement a residential/business block as a developer. The several blocks involved in an areal development project, and the laboriousness of producing competitive solutions, require a well planned selection process. A novel multi‐target competition process was developed which is presented in this paper with special emphasis on the allocation algorithms that allow selecting the most qualified competitors for parallel follow-up competitions from among a large group of registered candidates. The approach was tested in an actual real estate development project in the municipal district of Vuores which was the original reason for launching the study. Santruka Pletojant nekilnojamaji turta naujose teritorijose, vieši ir privatūs asmenys dažniausiai savo pareigas vykdo paeiliui. Tačiau planavimo procesui būtu tik geriau, jei tuo pačiu metu prisidetu ir visuomene, ir vystytojai, ir projektuotojai. Tam velgi reikia, kad savivaldybe paskelbtu konkursa ir pasirinktu privačiu partneriu grupes prieš užbaigdama vietini detaluji plana didžiausia potenciala turintiems dalyviams aptikti ir geriausioms idejoms surinkti, kokybiškai miesto struktūrai išvystyti. Kai teritoriju pletros projektas apima kelis kvartalus, o kuriant konkurencingus sprendimus idedama daug darbo, reikia gerai suplanuoto atrankos proceso. Yra sukurtas novatoriškas daugiatikslis konkurso procesas, pristatomas šiame darbe, daugiau demesio skiriama paskirstymo algoritmams, kuriuos naudojant iš daugybes registruotu kandidatu galima atrinkti tinkamiausius tolesniems tuo pat metu vykdomiems konkursams. Toks būdas patikrintas realiame nekilnojamojo turto pletros projekte, kuris vyko Vuores savivaldybes teritorijoje, ir būtent del šios priežasties pradetas šis tyrimas.

Consultative Opinion on Liability of Public and Private Actors for Genetic Contamination of Non-GM Crops

2005 ◽  
Vol 7 (4) ◽  
pp. 253-272
Author(s):  
San Sebastian
Keyword(s):  
Full Text ◽  
Gm Crops ◽  
Public And Private ◽  
Genetic Contamination ◽  
Private Actors

An abridged version of the Consultative Opinion is presented here. For details of the full text readers are advised to contact the ICEAC.

scholarly journals RESOURCE SUPPLY AN ACCESSIBILITY OF PUBLIC TRANSPORTATION FACILITIES

YMER Digital ◽  
2021 ◽  
Vol 20 (12) ◽  
pp. 446-455
Author(s):  
Eshetu Mathewos Juta ◽  
Keyword(s):  
Public Transportation ◽  
Lessons Learned ◽  
Assessment System ◽  
Behavioral Changes ◽  
Public And Private ◽  
The Public ◽  
Urban Mass Transit ◽  
Transportation Accessibility ◽  
Private Actors ◽  
Transportation Facilities

The term “urban mass transit” generally refers to scheduled intra-city service on a fixed route in shared vehicles. Public transportation is an important contributing factor to urban sustainability. Effective transportation networks that incorporate public transit livable by easing commute and transportation needs and increasing accessibility. To assess public transportation accessibility in metropolitan networks, two indices are used: the supply level of urban public transportation facilities resource and the public transportation-private automobile traveling time ratio. As the research in the Wolaita sodo town region and the assessment system, an evaluation technique for urban public transportation facility resource supply is developed based on accessibility. Accessibility is a representative indicator for evaluating the supply of bus system. Traditional studies have evaluated the accessibility from different aspects. Considering the interaction among land use, bus timetable arrangement and individual factors, a more holistic accessibility measurement is proposed to combine static and dynamic characteristics from multisource traffic data. The objective is to highlight the main lessons learned and identify knowledge gaps to guide the design and evaluation of future transport investments. Moreover, studies looking at ways to improve the operational efficiency of systems and those seeking to promote behavioral changes in transport users offer great potential to generate learning that is useful for the public and private actors involved.

scholarly journals APPLICATION OF FUZZY DELPHI METHOD ON WOMEN AS DECISION MAKER LEADERSHIP SELF-EFFICACY AND LEADERSHIP SKILL’S ITEM

2021 ◽  
Vol 4 (16) ◽  
pp. 13-24
Author(s):  
Nuha Abdullah ◽  
Norasmah Othman
Keyword(s):  
Decision Making ◽  
Delphi Method ◽  
Content Validity ◽  
Self Efficacy ◽  
Leadership Skills ◽  
Decision Makers ◽  
Public And Private ◽  
Fuzzy Delphi Method ◽  
Fuzzy Delphi ◽  
Women In Decision Making

The policy of 30% women representation as decision-makers in Malaysia has not been achieved even in 2021. This is due to the lack of women in decision-making positions in the public and private sectors. There are two factors for the lack of women in decision-making positions; leadership self-efficacy and leadership skills. In order to fulfil the policy of 30% women representation in decision-making positions, empirical research should be carried out to measure the level of leadership self-efficacy and leadership skills among female government officers who hold positions of Grade 48 and above. A research instrument that consists of items that measure leadership self-efficacy and leadership skills has been developed. A content validity process was carried out to ensure that the items would measure the dimensions that need to be measured. Hence, this study applied the Fuzzy Delphi Method (FDM) in order to obtain experts’ consensus regarding the items that are relevant in measuring the dimensions of leadership self-efficacy and leadership skills of women as decision-makers. 14 expert panelists were involved in this research and all of the data collected were analysed using the FDM. Results of the analysis showed that 30 items developed for the leadership self-efficacy dimension and 25 items developed for the leadership skills dimension fulfilled the required conditions which are the threshold (d) ≤ 0.2, the value α-cut ≥ 0.5, and over 75% expert panelists’ consensus. It is hoped that the research results would lead to the innovation of applying the FDM in determining the content validity of the items developed in measuring dimensions such as measuring the dimensions of leadership self-efficacy and leadership skills among women.

Sign in / Sign up

Export Citation Format

Share Document