ABSTRACT

Procedural tools of an administrative character in global governance have the potential to foster proper consideration of marginalized actors’ interests, yet run the risk of entrenching the dominance of the powerful and well-resourced. This chapter addresses this debate by proposing a new framework for evaluating the extent to which administrative procedures in MEA compliance systems constrain power politics and promote regard for the interests of affected states, which are typically developing and transition countries. This framework reflects a synthesis of insights from global administrative law, international relations, regulatory theory and third world approaches to international law.