Good Governance , Concept & Context

Page 175

150

The Principle of Effectiveness

5. Institutions Involved All the government institutions are involved in the development of the principle of effectiveness. The legislator is involved because of the codification of the principle of effectiveness in, for example, the Financial Account Acts. Since norms can be found in such acts for the administration in relation to the development of the different types of audits, the effectiveness aspect has a place in the legal regime. In the controlling phase, the Court of Audit looks to the effectiveness aspects, especially in the frame of the policy audits. This can be seen as the traditional scope of effectiveness. However, there is more in international and European law where different institutions can have a task in relation to the effectiveness approach. We first give a short overview and then come to conclusions in relation to the institutions involved at different levels.

(a)  Effectiveness in international law Effectiveness is a concept often referred to in international law literature. Birnie and Boyle write that effectiveness of different regulatory and enforcement techniques is largely determined by the nature of the problem.36 Saito is of the opinion that the effectiveness of international law rests on the recognition it receives from the governments of the world.37 From another perspective, it is said that the validity and effectiveness of international law depends on the continuing consent and support of nation states.38 The effectiveness of international law largely depends on the flexibility of the international law-​making processes, as well as its ability to combine new concepts and techniques.39 There is a strong relation between the international and local level inferred in the statement that the effectiveness of international law as its capacity to be implemented at the international and national levels is ultimately measured according to its enforcement at the local level.40 In the Encyclopedia of Public International Law attention is paid to the substantial aspects of effectiveness in international law by Hiroshi Taki.41 He writes: The term ‘effectiveness’ has been used in international law since the mid-​20th century, at times ambiguously, and with various meanings. Primarily, it refers to the efficacy (actual observance) of law as distinguished from the validity (binding force) of law. An example of this use of ‘effectiveness’ can be seen in the phrase ‘The principle that a legal order, as a whole, must be by and large effective in order to be valid is itself a norm,’ i.e. ‘a norm of positive international law, the principle of effectiveness prevailing within this law’. The principle of effectiveness is sometimes used to denote a rule for treaty interpretation. Beyond these meanings however, many writers in international law seem to use this principle to express the following state of affairs: a factual situation (reality) has a stronger and more widespread effect on a legal norm than it does in municipal law.

From this quotation, we can conclude the following three meanings of the principle of effectiveness in international law: (1) the efficacy of law as an actual observance; (2) to denote a rule for treaty interpretation; and (3) to express that a factual situation

37 38 Birnie and Boyle 2002, 10. Taylor Saito 1998. Shen 2000. 40 Limpitlaw 2001. Giraud-​Kinley 1999. 41 Max Planck Encyclopedia of Public International Law (MPEPIL) online edition, edited by Rüdiger Wolfrum. 36 39


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Articles inside

Index

44min
pages 332-353

Bibliography

38min
pages 306-331

Governance

14min
pages 301-305

2. Part II: The Specification of the Principles of Good Governance

8min
pages 298-300

4. Conclusions

9min
pages 291-294

of Human Rights

2min
page 290

2. Good Governance in International Case Law

2min
page 289

Ombudsman

17min
pages 280-285

4. Conclusions

3min
pages 286-287

Court of Justice

30min
pages 270-279

Institutions

2min
page 269

16. Implementation of Good Governance Principles on the European Level

2min
page 268

5. Conclusions

2min
pages 266-267

South Africa

13min
pages 261-265

3. Implementation of the Good Governance Principles in Canada

21min
pages 253-260

7. Conclusions

12min
pages 220-224

2. Implementation of Good Governance in Northern Europe

2min
page 226

6. Cases about the Implementation of Good Governance Principles

5min
pages 218-219

5. Different Developments in the Practices of Different Countries

2min
page 217

2. Concept and Principles of Good Governance and Integrity

2min
page 212

Practices of Good Governance

6min
pages 214-216

the Non-EU Country Studies

1min
page 213

1. Good Governance: The Need and the Practical Relevance

2min
page 211

6. Conclusions

1min
pages 207-209

5. Sources of the Principle of Human Rights

14min
pages 201-206

3. Specification of the Concept

2min
page 198

2. The Concept of the Principle of Human Rights

2min
page 197

4. Institutions Involved

4min
pages 199-200

6. Conclusions

1min
page 195

5. Sources of the Principle of Accountability

5min
pages 193-194

2. The Concept of Accountability

5min
pages 183-184

6. Sources of the Principle of Effectiveness

5min
pages 179-180

7. Conclusions

1min
page 181

5. Institutions Involved

10min
pages 175-178

4. Specification of this Concept

2min
page 174

3. The Concept of Effectiveness

12min
pages 170-173

6. Conclusions

3min
pages 164-165

2. Development of the Principle of Effectiveness

5min
pages 168-169

3. Specification of the Concept

10min
pages 157-160

5. Sources of the Principle of Participation

5min
pages 162-163

4. Institutions Involved

2min
page 161

1. The Development of the Principle of Participation

2min
page 155

9. The Principle of Participation

2min
page 154

2. The Concept of Participation

2min
page 156

6. Conclusions

2min
pages 152-153

5. Sources of the Principle of Transparency

20min
pages 145-151

4. Institutions Involved

8min
pages 142-144

3. Specification of the Concept

7min
pages 139-141

2. The Concept of Transparency

5min
pages 137-138

2. The Concept of Properness

2min
page 125

5. Conclusions

1min
pages 121-123

3. Specification of the Concept

21min
pages 126-133

3. Democracy and Transparency

2min
page 119

4. Democracy and Participation

2min
page 120

2. Democracy: Direct and Representative

2min
page 118

6. The Role of Good Governance Related to these Developments

2min
page 114

7. Conclusions

1min
page 115

3. Rule of Law and Rechtsstaat: Specification of Differences

5min
pages 106-107

5. Difficulties and Developments of the Traditional Rule of Law

5min
pages 112-113

4. Rule of Law and Rechtsstaat: Formal and Substantial Perspectives

11min
pages 108-111

2. Different Historical Roots and Traditional Perspectives

2min
page 105

7. Conclusions

3min
pages 98-99

5. Good Governance and Integrity

18min
pages 89-95

4. The Nature of Principles in the Legal Theory

7min
pages 86-88

3. The Relationship between Law and Values

5min
pages 84-85

6. Conclusions

4min
pages 78-79

5. Good Governance on the International Level

12min
pages 73-77

2. Dworkin and Hart

8min
pages 81-83

4. Good Governance on the European Union Level

14min
pages 68-72

3. Good Governance and the Europeanization of National Law

4min
pages 66-67

2. Good Governance on the National Level in Europe

25min
pages 57-65

7. Conclusions

2min
page 49

4. Good Governance and the Main Developments

9min
pages 34-36

2. Concept of Good Governance

8min
pages 41-43

6. Conclusions

3min
pages 38-39

4. Institutions Involved within a Framework of Checks and Balances

6min
pages 45-47

Implementation of Good Governance in the United Kingdom

2min
page 31

2. Good Governance and Law

2min
page 30

5. Structure of the Three Parts of this Book

2min
page 37

3. Specification of the Principles of Good Governance

2min
page 44
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