Donald K. Anton
International Law, Global Administrative Law, International Environmental Law, FAO
While so-called stakeholder groups (those with Consultative Status) are usually provided reasonable access in the norm development process in international institutions—at least right up until end when state representatives exclude all others — I argue that we have not really thought enough about other modalities to further open up participation, especially to individuals and groups that do not meet (or want to comply with) requirements for consultative status. I propose that one way to open up the public space in international lawmaking is to use the standard administrative law tool of notice and comment. Under this proposal international institutions would be required to publicize, at early junctures, when normative development is being contemplated and invite public comment from the global citizenry.
Yale/UNITAR Conference on Environmental Governance and Democracy, May 2008 / University of Michigan Public Law Working Paper No. 112