COLLOQUIA AND CLINICAL PROGRAMS

Spring 2004 Hauser Colloquium

Globalization and Its Discontents Colloquium:
Toward Global Administrative Law?

(L05.3557)
Spring 2004

Professors Benedict Kingsbury & Richard Stewart

 

Format: Colloquium (2 credits). An additional credit is available for students who elect to write a longer paper that satisfies the "A" paper requirement.

Course Description

The colloquium focuses on accountability, legality and participation in international governance issues. The aim is to frame an emerging field of global administrative law. This involves international law issues (e.g. accountability of intergovernmental organizations), transnational law issues (e.g. participation in, and accountability of, transnational standard-setting networks of private and public actors), and national administrative law issues. Through class discussion and their own research papers, students will consider: accountability and participation under different global regulatory models; the problems for national administrative law of responding to governance decisions where a national agency is simply following rules or policies adopted transnationally or adopted by another state under a mutual recognition arrangement; the possibilities and problems of suing international organizations in national courts; the roles of administrative law in promoting legality within national and international governance systems; the impacts of international treaties such as those of the WTO on national administrative law (including rights to be heard, requirements to give reasons, etc); who should have standing to raise challenges, and who has a legitimate interest in participation, in different global governance regimes.

Requirements

Students are required to : (a) attend and participate in class sessions; (b) write two 3-page "reaction papers" commenting critically on papers presented by speakers in the colloquium, each of which must be emailed to the two instructors and where possible to the speaker, 48 hours before that speaker is scheduled to present in class (i.e. generally by 4pm Saturday); and (c) write a 25-page research paper due by 4pm on Wednesday, May 12, 2004 .Three-credit option: Instead of the 25-page paper, students may choose to submit a complete first draft of a paper by Tuesday April 13, then submit a final 35-page paper (revised in light of comments from the instructors) by 4pm on Wednesday May 12, 2004 (if graduating in summer 2004) or by 4 pm on Monday, September 13, 2004 (if not graduating in summer 2004). Students complying with these requirements will be eligible to receive 3 credits for the course (for JD students this will also satisfy the Law School 's "A-paper" requirement.) Those who do not submit a full first draft by April 13 will only be eligible for two credits. The requirement to write two reaction papers applies also to those undertaking the three credit option. ("Pages" for these purposes are double-spaced. These lengths are guidelines - what is important is the substantive points made. The aim is to make points that articulate your own reflections and ideas, and move thinking forward. Papers should not contain lengthy descriptive sections, nor should reaction papers include extensive paraphrases of the presenter's paper.)

Topics for Students Papers

Class Assignments and Materials

 

Schedule

January 12: Introductory Class

January 26: Richard Stewart, NYU: "U.S. Administrative Law: A Resource for Global Administrative Law?" Commentator: Judge Robert Katzmann, U.S. Court of Appeals for the Second Circuit.

February 2: Christian Joerges, European University Institute: “The Turn to Transnational Governance and its Legitimacy Problems: The Examples of Standardization and Food Safety.” Commentator: Dick Stewart.

February 9: David Dyzenhaus, University of Toronto : “Accountability and the Idea of an International Legal Order.” Commentator: Katrina Wyman.

February 17: James Salzman, American University : "Accountability and Participation in OECD Regulation": Environment, Business, and Laboratory Standards." Commentator: David Trubek, University of Wisconsin.

February 23: Eyal Benvenisti, University of Tel Aviv : “Public Choice and Global Administrative Law.” Commentator: Lewis Kornhauser.

March 1: Ruth Grant & Robert Keohane, Duke University : “Accountability and Abuses of Power in World Politics” Commentator: Joseph Weiler

March 8: Bronwen Morgan, Oxford University : “Local Participation and Global Rule-Making: The Case of Transnational Water Regulation.” Commentator: Jake Werksman, Rockefeller Foundation.

March 22: Anne-Marie Slaughter, Princeton : “Accountability in Global Governance Through Transnational Networks.” Commentator: Charles Sabel, Columbia University. Chapter 5 | Chapter 6 | Conclusion

March 29: Martin Shapiro, Berkeley: “'Deliberative,' ‘Independent' Technocracy v. Democratic Politics: Will the Globe Echo the EU?” Commentator: Andrew Hurrell, Oxford University.

(Background reading: Philip Pettit, Two-dimensional Democracy and the International Domain (forthcoming in The Monist))

April 5: Review Session (Walter Mattli's presentation has been postponed).

April 12: Sabino Cassese, University of Rome “La Sapienza”: “International Standards for Domestic Administration.” Commentator: Nico Krisch , New York University.

April 19: Student Papers

April 26: Student Papers