Improving the Legal Accountability of International Institutions to States - Comparing Constitutionalist and Global Administrative Law Approaches -
Improving the Legal Accountability of International Institutions to States - Comparing Constitutionalist and Global Administrative Law Approaches -
Laura S. Henry(성균관대학교)
22권 1호, 55~76쪽
초록
In spite of many recent innovations to enhance the accountability of international institutions, there exist few legal mechanisms for a member state of an international institution to hold it legally accountable. Inductively-oriented studies of global or “postnational” governance from the perspectives of Constitutionalism and Global Administrative Law (“GAL”) suggest that, through well-designed forms of independent institutional review, international institutions with a global scope can enhance accountability to Member States while also providing a stable framework for interaction between a regime and its own subjects. This article explores the views of scholars of the Constitutional approach to international law and GAL on forms of legal institutional review with a view to better designing international institutions.
Abstract
In spite of many recent innovations to enhance the accountability of international institutions, there exist few legal mechanisms for a member state of an international institution to hold it legally accountable. Inductively-oriented studies of global or “postnational” governance from the perspectives of Constitutionalism and Global Administrative Law (“GAL”) suggest that, through well-designed forms of independent institutional review, international institutions with a global scope can enhance accountability to Member States while also providing a stable framework for interaction between a regime and its own subjects. This article explores the views of scholars of the Constitutional approach to international law and GAL on forms of legal institutional review with a view to better designing international institutions.
- 발행기관:
- 세계헌법학회한국학회
- 분류:
- 법학