Global water governance and the rise of the constitutional regulatory state in Colombia

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2011

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Abstract

This article interprets the regulatory state in the south as the result of a dialectic process between global governance institutions, transnational knowledge and domestic politics, all of which influence, transform and inspire each other. Throughthe case of water supply regulation in Colombia, it argues that global governance is not a top-down process, but is rather hinged upon domestic institutions, that adapt global regulatory practices for domestic purposes. In Colombia, such a process results in an interesting constitutional variant of the regulatory state, in which neo-constitutionalism becomes a counterbalance to the unchecked expansion of neo-liberal regulatory practices. As a result, the domestic judiciary is empowered, and becomes a central variable to understand both the specific traits of this southern regulatory state, and its interaction with global centers of power.

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Keywords

GLOBAL GOVERNANCE, CONSTITUTIONALISM, INDEPENDENT REGULATORY AGENCIES, WATER, COLOMBIA, INDEPENDENT REGULATORY COMMISSIONS, GLOBAL SOUTH

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