LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

GLOBAL GOVERNANCE AT WORLD TRADE ORGANISATION: ANALYZING THE APPLICATION OF GLOBAL ADMINISTRATIVE LAW PRINCIPLES

AUTHORED BY:

Ms. PRIYANSHI RASTOGI, 

Student,

Symbiosis Law School, Noida

CO-AUTHORED BY:


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ABSTRACT

With globalization and growing interdependence amongst nations, the necessity to govern transnational regimes in sectors like trade and finance culminated in what is known as ‘Global Law’. Global Administrative Law (GAL), the administrative component of Global Law that concerns global governance, contains structures, procedures and normative standards for regulatory decision-making including the transparency, participation, review and the rule-governed mechanisms for implementation of these standards. The lacking democratic element in international institutions coupled with the grave implications of administrative decisions taken by these institutions highlights the significance and need for efficacious implementation of the GAL principles. The World Trade Organisation (WTO) is one such institution that has often been criticized for its decision-making process on the basis of domination of powerful members and their interests and disregard of developing countries and their interests. The WTO applies GAL in three different dimensions – internally in the WTO, vertically in its member nations and horizontally by recognizing regulatory standards of other global or international institutions. This article analyses the Legislative, Administrative and Adjudicatory Bodies of Internal Governance of the WTO and the extent to which the GAL norms of transparency, participation, reason-giving and review are conformed with while exercising rule-making, rule application and decision making. The application of GAL in Internal Governance of the WTO appears to be ridden with irregularities and inefficiencies calling for reforms in respect of external transparency of the Administrative Body, transparent decision-making and dispersion of powers of the Legislative Branch

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