6. Conclusions

In the more classical approach of the principles, in cases when no treaty provisions or clear rule of customary law exists, the additional role of principles of international law may be clearly observed. From a more modern view, these principles of international law have more than just these two functions. Therefore, it can be concluded that the concept of principles of international law is changing especially in relation to the more general principles which are accepted by many countries at the national as well as regional level. In that changing role of principles of international law, we notice that good governance principles are increasingly applied by general and specific international organizations. Some aspects of the principles of good governance are codified in international (human rights) treaties. Lastly, the principle(s) of good governance has been applied by the (inter)national courts of justice and dispute settlement bodies. The principles of good governance have a general character, as we have shown, and are not (yet) accepted either as rules or as general practice. At the same time, the concept of good governance has, chronologically, already been recognized by civilized nations as has been explained in this chapter. It is a core legal idea which is common to all civilized systems, as Schlesinger wrote in 1957, and it can be added here that the concept of good governance is more than a legal idea. Good governance is a promising principle of international law.

(g) Global governance and good governance Global governance is governance on the international level in its broadest sense, not only by international organizations but by all actors involved, such as NGOs, states, lobbyists, and so on. Good international governance can be achieved according to the line of ownership by particular states within a multilateral organization.108 This is not necessarily achieved through formal control of the management and the voting structure of an institution, as has been shown by the African Development Bank and InterAmerican Development Bank who formally have ownership but practically do not, due to a lack of commitment by members as to the main purposes of the organization as well as due to a lack of resources.

Consensus on good governance does not necessarily foster its basic elements among states. 109 It can exclude some countries, as the process is mostly informal. For example, informal meetings are not recorded and no accountability mechanism applies to them. Due to differences in expertise, some delegations can be overwhelmed by others. Specific voting requirements could be used in order to bolster perceptions of accountability, transparency, and representation among states within an organization. For example, scholars agree that the voting structure of the UN Security Council would be perceived as more accountable if it would be more representative. Good global governance can be achieved by increasing access of non-state actors but on the condition that they themselves are bound on conditions of good governance, which means in practice that they do not cooperate with countries that are already quite influential.110

6. Conclusions

Good governance is a multilevel concept that includes the national, regional, European, and the international levels. The development of the concept of good governance is

108 Wouters and Ryngaert 2005, 78. 109 Woods 2000, 61. 110 Ibid.

converging, but the more detailed specification is different as it is adapted to the specific circumstances of each level and each institution.

On the national level, the judiciary, followed by codification on the part of the legislator, have developed material norms of good governance. Subsequently, these norms are to be interpreted again by the judiciary.

The strongest developments are found in Europe. Principles of good governance have been developed in all the European countries in the context of the administration as was seen in recent research on good governance developments in the member countries of the EU, and both the European Union and the Council of Europe are active in this field, and their institutions increasingly use the terminology of good governance, although its content may still vary somewhat. Now, the European Union should strive for coherence in the hodgepodge of norms. Ongoing Europeanization and internationalization require it.

The international level is productive as well as in relation to the promotion of good governance. Different international organizations have developed these norms in their relations with countries, but the use of different definitions and specified implementation create a somewhat diffuse picture. They have also started to apply comparable norms within their own organizations. This development is applauded and supported by many NGOs and by many countries. In the literature, it has been argued that good governance is a principle of international law.

So, the multilevel aspect of good governance is explained and the final conclusion is that good governance is a multilevel concept. The next chapter elaborates on the legal theory of good governance. What is the character of these principles?