[governance] JPA

[Michael Froomkin - U.Miami School of Law]

This is why tying to a nation's law (as opposed to 'international law') of 
administrative makes sense: it's at the national level that we have well 
worked-out ideas of due process and basic rights to be heard.

International law, which is still primarily about states and international 
organizations, does not have a body of jurisprudence that speaks to those 
issues.

The US APA is one model; Canada has a different on.  The UK's model of 
administrative review, on the other hand, is relatively feeble.

Several countries have a strong tradition, and well worked-out rules, 
about procedural regularity, that is rules which police fairness, 
conflicts of interest, the right to be heard, without being too 
heavy-handed in their substantive review.  Those are good models, they 
took decades to develop, and one should be adopted rather than reinvented 
from the ground up.

On Wed, 27 May 2009, Milton L Mueller wrote:

> > I also think that suggesting an 'international judidical body'  
> > for adjudication CIR/ related IG issues as a more urgent step  
> > would be useful, since a full treaty process could take long  
> > time. The model and legal basis for such a judicial or quasi- 
> > judicial body can be discussed. ,  
>  
> Same issue as my last message.
> What rules/law does this quasi-judicial body apply? Without that, it's useless second-guess or a
> dangerous political bypass mechanism.
> We've tried to skip that stage for 10- years and it hasn't worked. Let's get down to it.  
> 
> 
>

-- 
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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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