Based on the domestic model of law, many assume that the global rule of law requires a world government with a central law-making body, a hierarchical court system, and a supranational system of coercive enforcement. Since there are important problems with the practicality and desirability of a world government, I defend a decentralized conception of the global rule of law without a world government. I begin by examining Immanuel Kant’s theory since he argued that a supreme sovereign is required for a lawful condition within states while recognizing certain limitations with applying this idea to the international level. I argue that Kant proposed a voluntary league of states without coercive public law in part because a supreme coercive authority at the global level would conflict with the sovereignty of nation-states and undermine the civil condition within states. In Chapter Two, I argue that theories of dispersed or shared sovereignty can resolve this problem. However, since there are further problems with even a federal world government, I consider whether the rule of law can be developed without a world government. I argue that the most important feature for the global rule of law is the impartial determination, interpretation and application of international law by various authoritative adjudicative and administrative institutions. There are two important challenges to my view. First, many argue that international law is not really “law” unless it is effectively enforced through a central system of sanctions; without this, it can at most create moral obligations but not true legal obligations. To the extent that such arguments assume a coercion-based conception of law, my response draws on H.L.A. Hart’s rejection of the command theory of law. The second challenge concerns democratic legitimacy. I argue that global administrative law can partly address concerns with legitimacy by using rule of law principles to limit the arbitrary exercise of power by transnational institutions and increase their accountability.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:OTU.1807/26226 |
| Date | 17 February 2011 |
| Creators | Raponi, Sandra |
| Contributors | Heath, Joseph |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
Page generated in 0.002 seconds