Globalization and Private Law
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Globalization and Private Law

The Way Forward

Edited by Michael Faure and André van der Walt

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process.
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Chapter 2: Public Accountability of Translational Rule Making: A View from the European Union and Beyond

Deirdre Curtin


2. Public accountability of transnational rule making: a view from the European Union and beyond Deirdre Curtin* 1 INTRODUCTION Governance beyond the state, in whatever institutional or informal forum it takes place, largely lies beyond the control of national democracies and constitutional structures. The core problem is that outside the confines of the territorial nation states, executives are only to a very limited extent held to account for their actions and inactions. National parliaments in particular have not kept up with what their national executives are doing and not doing. While national parliaments have stayed put within their own neatly nationally fenced off compartments, the executive has developed into a strongly interwoven, complex administrative network, beyond the horizons of many, maybe all national parliaments. The national executive power operates outside of its own national political and constitutional level. It is active and engaged in decision making at the European level and at the international or global level. It has as a matter of practice surmounted thinking in terms of hierarchical levels and may even be considered as engaged in a more fluid and composite governance process.1 This is even more the case for other, private, actors performing public functions at the transnational or European level. It is moreover relevant in this context not only that general rule-making processes may fall outside domestic processes of political accountability but also that there are no countervailing forces, no or little checks and balances at the regional and global levels of governance. This chapter...

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