The Pluralism of Global Administrative Law

As public power is increasingly exercised in structures of globalgovernance, principles of domestic law and politics are extendedto the global level, with serious repercussions for the structureof international law. Yet, as this article seeks to show forthe emerging global administrative law, this extension is oftenproblematic. Using administrative law mechanisms to enhancethe accountability of global regulation faces the problem offundamental contestation over the question of to whom globalgovernance should be accountable. National, international andcosmopolitan constituencies are competing for primacy, and thisresults in an often disorderly interplay of accountability mechanismsat different levels and in different regimes. This pluraliststructure, based on pragmatic accommodation rather than cleardecisions, strongly contrasts with the ideals of coherence andunity in modern constitutionalism and domestic administrativelaw. However, given the structure of global society, it is likelyto endure and it is also normatively preferable to alternative,constitutionalist approaches. It helps avoid the friction thatmay result from a federal-type distribution of powers and thepractical problems of a consociational order, and by denyingall constituencies primacy it reflects the legitimacy deficitsof each of them. Mirroring divergent views on the right scopeof the political order, it also respects everybody’s equalright to political participation. A pluralist global administrativelaw thus presents an alternative to problematic domestic modelsfor ensuring accountability in the circumstances of global governance.     

How and why does the platelet count in postmortem blood change during the early postmortem interval?

We examined the changes in the early postmortem platelet count in postmortem blood and the reasons for these changes by counting the platelets, by performing in vitro hypostatic tests, by estimating the percentage of erythrocytes by volume in postmortem blood samples, by immunohistochemistry (anti-CD61, anti-fibrinogen), and by immunoelectron microscopy (anti-CD62, anti-CD63, anti-thrombospondin). The apparent initial increase in the platelet count in postmortem blood was found to be caused by hypostatic phenomena. The subsequent discontinuous decrease in the platelet count despite continuing hypostasis in the corpse can be explained in part by postmortem thrombolysis and the development of reversible platelet-platelet aggregates. The main point is, that changes in the postmortem blood environment cause potentially reversible adhesion of platelets to pre-adsorbed fibrinogen on erythrocytes. Thus the decrease in the number of platelets in postmortem blood is not attributable to postmortem clotting but to a decrease in the number of countable platelets in postmortem blood.     

Reviews

Jerry F. Hough and Merle Fainsod, How the Soviet Union is Governed (An extensively revised and enlarged edition by Jerry F. Hough of Merle Fainsod's How Russia is Ruled). Cambridge, Mass., and London: Harvard University Press, 1979, xiv + 679 pp. £12.00.

Karen Dawisha, Soviet Foreign Policy Towards Egypt. London: Macmillan Press, 1979, 271 pp. £12.00.

Robert O. Freedman, Soviet Policy toward the Middle East since 1970 (Revised Edition). New York, London, Sydney, Toronto: Praeger Publishers, 1978. 373 pp.

Daniel Park, Oil and Gas in Comecon Countries, London: Kogan Page & New York: Nichols Publishing Company, 1979. 240 pp. £15.00.

Avi Shlaim and G. N. Yannopoulos (eds.), The EEC and Eastern Europe. London: Cambridge University Press, 1978. 251 pp. £15.00.

Daniel Tarschys, The Soviet Political Agenda: Problems and Priorities, 1950–1970. London: Macmillan Press, 1979. i + 217 pp. £10.00.

Soviet Society and the Communist Party, edited by Karl W. Ryavec. Amherst, Mass.: The University of Massachusetts Press, 1978. xviii + 220 pp. $15.00.

Richard Stites, The Women's Liberation Movement in Russia. Princeton, New Jersey: Princeton University Press, 1978. xxi + 464 pp. $37.50.

Barbara Wolfe Jancar, Women Under Communism. Baltimore, Maryland: John Hopkins University Press, 1978. x + 291 pp. $16.00.

Norman Saul, Sailors in Revolt. The Russian Baltic Fleet in 1917. Lawrence: The Regents Press of Kansas, 1978. xii + 312 pp.

Richard K. Debo, Revolution and Survival: The Foreign Policy of Soviet Russia 1917–18. Liverpool: Liverpool University Press, 1979. xiii + 462 pp. £15.00.

William O. McCagg, Jr. Stalin Embattled, 1943–1948. Detroit: Wayne State University Press, 1978. 423 pp. $18.95.

Arvind Vyas, Consumption in a Socialist Economy. The Soviet Industrialization Experience, 1929–1937. Foreword by Maurice Dobb. New Delhi: People's Publishing House, 1978. xii + 239 pp. Rs. 50.00.

Alfred D. Low, The Sino‐Soviet Dispute: An Analysis of the Polemics. London: Associated University Presses, 1977. 364 pp. £8.25.

Morris Rothenberg, Whither China: The View from the Kremlin. University of Miami. Monographs in International Affairs, xxi + 310 pp.

Morton Schwartz, Soviet Perceptions of the United States. Berkeley: University of California Press, 1978. 216 pp. £8.75.

A. Szymanski, Is the red flag flying? London: Zed Press, 1979. 235 pp. Paperback £2.95.

John Dunstan, Paths to Excellence and the Soviet School. Windsor: NFER Publishing Co., 1978. 302 pp. £9.75.

Leopold H. Haimson (ed.), The Politics of Rural Russia 1905–1914 (Studies of the Russian Insitute, Columbia University). Bloomington and London: Indiana University Press, 1979. x + 309 pp. $19.50/£13.65.

R. W. Seton‐Watson and the Yugoslavs: Correspondence, 1906–1941, Vol. II 1918–1941. Introduction by H. & C. Seton‐Watson. London and Zagreb: British Academy and University of Zagreb, Institute of Croatian History, 1976. 468 pp. + 474 pp. (two books).     

The Open Architecture of European Human Rights Law

The evolution of the European human rights regime is often described as the development of an integrated order with the European Convention of Human Rights as its governing 'constitutional instrument'. It is argued that the regime is better regarded as pluralist - characterised by a heterarchical relationship between its constituent parts that is ultimately defined politically and not legally. The emergence and workings of this pluralist order are traced through the interaction of the European Court of Human Rights with domestic courts in the European Union. These cases not only show conflicts over questions of ultimate supremacy but also significant convergence and harmony in practice. The analysis of the factors leading to this convergence indicates that central characteristics of pluralism – incrementalism and the openness of ultimate authority – have contributed significantly to the generally smooth evolution of the European human rights regime. This suggests a broader appeal of pluralist models as alternatives to constitutionalism in the construction of postnational authority and law.