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3 - Analyzing the Data

Published online by Cambridge University Press:  13 January 2022

Isabel Lischewski
Affiliation:
Westfälische Wilhelms-Universität Münster, Germany
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Summary

It is shown that the form of an institution, its legal character, and membership do not determine procedural density.

The finding that the procedural density regarding an activity is zero is very prevalent in the sample. The reasons for this usually lie in low state interest, which is demonstrated via case studies of the European Advertising Standards Alliance and the Proliferation Security Initiative.

During coding, there were certain procedural steps which occurred more frequently than others but no distinct patterns of combinations of procedural steps. This leads me to assume that procedure as a design element is valued for its variety and flexibility.

Whether an activity is hard or soft law or somewhere in between greatly determines state interest in procedural justice. This is further explored via a case study of the Human Development Index.

Like the legal character, the exact characteristics of an administrative activity affect procedural density. This is illustrated using the different branches of the International Telecommunications Union and their procedure.

Of the different kinds of procedural steps, review is by far the least prevalent because it strongly affects state interests and often juxtaposes them with individual rights and interests. This is illustrated with comparative case studies of the Interpol Commission for the Control of Files and the ICANN Independent Review Procedure.

Procedural justice in the shape of procedural steps is a more flexible design tool than an institution's different organs. All things being equal, it is therefore preferred. This is demonstrated by the decentralized compliance monitoring mechanism used by the International Electrotechnical Commission.

The main findings from the empirical research are summarized.

Type
Chapter
Information
Lawful by Design
Measuring Procedural Justice in Global Governance
, pp. 63 - 156
Publisher: Cambridge University Press
Print publication year: 2022

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  • Analyzing the Data
  • Isabel Lischewski, Westfälische Wilhelms-Universität Münster, Germany
  • Book: Lawful by Design
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039529.003
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  • Analyzing the Data
  • Isabel Lischewski, Westfälische Wilhelms-Universität Münster, Germany
  • Book: Lawful by Design
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039529.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Analyzing the Data
  • Isabel Lischewski, Westfälische Wilhelms-Universität Münster, Germany
  • Book: Lawful by Design
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039529.003
Available formats
×