Abstract
One of the most fundamental issues of contemporary administrative law is
legitimacy. In the context of a changing administrative landscape, traditional
“transmission belt” models cannot give a sufficient answer to the question of
legitimacy of the exercise of public power, especially in relation to global
administrative bodies; nor, however, can the legitimacy model of public
international law apply in the context of global administration. Several models of
legitimacy have been proposed in the GAL literature in order to replace
traditional models, or to enhance the legitimacy of global administrative actors.
Up to now, no uniform model has been developed for the legal justification of
the exercise of global public authority.
Global law is in much greater need of legitimacy, and national and global
bodies are in a much greater need of being held accountable, when the rules they
apply and their actions touch upon matters of personal freedoms. This applies
especially in the anti-money laundering and terrorist financing regime. The
Financial Action Task Force (FATF) develops and promotes policies to protect
the global financial system against money laundering and terrorist financing. The
FATF is an intergovernmental body that comprises 34 member states from all
parts of the world and 2 regional organizations. It isn’t a formal international
organization, but a transnational network of regulatory officials. In order to
achieve its goals, it has institutionalized a new form of oversight over the
implementation of its standards: it has introduced and maintains a peer review
system
legitimacy. In the context of a changing administrative landscape, traditional
“transmission belt” models cannot give a sufficient answer to the question of
legitimacy of the exercise of public power, especially in relation to global
administrative bodies; nor, however, can the legitimacy model of public
international law apply in the context of global administration. Several models of
legitimacy have been proposed in the GAL literature in order to replace
traditional models, or to enhance the legitimacy of global administrative actors.
Up to now, no uniform model has been developed for the legal justification of
the exercise of global public authority.
Global law is in much greater need of legitimacy, and national and global
bodies are in a much greater need of being held accountable, when the rules they
apply and their actions touch upon matters of personal freedoms. This applies
especially in the anti-money laundering and terrorist financing regime. The
Financial Action Task Force (FATF) develops and promotes policies to protect
the global financial system against money laundering and terrorist financing. The
FATF is an intergovernmental body that comprises 34 member states from all
parts of the world and 2 regional organizations. It isn’t a formal international
organization, but a transnational network of regulatory officials. In order to
achieve its goals, it has institutionalized a new form of oversight over the
implementation of its standards: it has introduced and maintains a peer review
system
| Original language | English |
|---|---|
| Title of host publication | THE ENFORCEMENT OF GLOBAL DECISIONS |
| Publisher | IRPA and IILJ |
| Publication status | Published - 2012 |
| Externally published | Yes |