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After Public Law$
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Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker

Print publication date: 2013

Print ISBN-13: 9780199669318

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199669318.001.0001

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The Global Governance of Public Law

The Global Governance of Public Law

Chapter:
(p.264) 13 The Global Governance of Public Law
Source:
After Public Law
Author(s):

Megan Donaldson

Benedict Kingsbury

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199669318.003.0013

This chapter examines the global governance of public law, taking the World Bank's Handbook for Evaluating Infrastructure Regulatory Systems as a case study. The Handbook exemplifies the efforts of global institutions to shape the institutions and content of national public law, not only in domains such as human rights, but in more technical, albeit highly political, areas of economic regulation. The chapter first considers the rhetorical techniques and conceptual apparatus evident in the Handbook, and particularly the invocation of a vocabulary of governance having affinities with both public law and more managerial discourses. It then asks to what extent the preparation of the Handbook, and evaluations for which it provides, might be made subject to public law principles, arguing that the Handbook illustrates both the potential and limits of two strands of thinking about public law beyond the state, ‘global administrative law’ and ‘international public authority’.

Keywords:   regulation, global governance, global administrative law, international public authority, independent regulatory agency, World Bank

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