TY  - BOOK
AU  - Ziller,Jacques
TI  - Legal Instruments for the Protection of Diffuse Interests and Public Goods
PY  - 2003///.
							
N1  - 81
N2  - This paper opens with a presentation of a number avenues for a research program. Contemporary and comparative legal history could try and find out more about the correlation between globalization, regionalization (especially European integration), and the loss of impact of notions such as the general interest as a standard for legislators and the judiciary and their substitution through more sophisticated techniques. The most promising fields to be covered appear to be the regulation of public utilities, environmental law, and rules on liability relating to the exercise of public authority. The paper then examines the extent to which the traditional mechanisms of diplomatic protection remain central in the adjudication of global transnational and international issues. National governments and especially ministries of foreign affairs and trade representatives continue to play a major role in representing interests, thus limiting access to global adjudication to those interests who are able to directly obtain it on the domestic level. A comparison between Section 301 of the 1974 US Trade Act and the 1994 EU Trade Barriers Directive draws attention to the specific advantages of mechanisms that are built and implemented at regional rather than domestic level. The paper then deepens the analysis of issues concerning access to justice in the context of globalization by asking to what extent remedies can be made available to individuals and for the protection of diffuse interests. The experiences of the EU judicial system, on the one hand, and the recently adopted Århus Convention on access to information, public participation in decision-making, and access to justice in environmental matters, on the other, show how domestic judiciaries can be involved in becoming the judges on globalization issues. Rather than focusing on establishing global institutions for the solution of legal issues, thinking about how to relate the institutions of different legal systems to one another appears to be a promising way forward
UR  - https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2003-3-page-495?lang=en
ER  -