The Emergence of Global Administrative Law
Kingsbury, Benedict
The Emergence of Global Administrative Law - 2013.
68
Emerging administrative law mechanisms are influencing decision making and rule making in the growing variety of global regulatory structures. These include international organizations, intergovernmental networks, distributed administration, and both hybrid public/private and private transnational regimes. We define Global Administrative Law (GAL) as the principles, procedures, and review mechanisms emerging to govern these bodies’ decision making and rulemaking, largely leaving aside the substantive content of rules and considering GAL’s sources more broadly than classical sources of public international law. We examine these and the doctrinal principles of transparency, participation, reasoned decision-making, review, and substantive standards that have developed. We next consider conceptions of GAL’s normative foundations from pluralist, solidarist, and cosmopolitan approaches to international ordering, and discuss possible biases inherent in GAL. We then consider different institutional design strategies for constructing GAL given the challenges and opportunities presented by shifting from the domestic to the transnational regulatory space. We conclude that the field of Global Administrative Law is an important and distinct emerging phenomenon deserving systematic study and development.
The Emergence of Global Administrative Law - 2013.
68
Emerging administrative law mechanisms are influencing decision making and rule making in the growing variety of global regulatory structures. These include international organizations, intergovernmental networks, distributed administration, and both hybrid public/private and private transnational regimes. We define Global Administrative Law (GAL) as the principles, procedures, and review mechanisms emerging to govern these bodies’ decision making and rulemaking, largely leaving aside the substantive content of rules and considering GAL’s sources more broadly than classical sources of public international law. We examine these and the doctrinal principles of transparency, participation, reasoned decision-making, review, and substantive standards that have developed. We next consider conceptions of GAL’s normative foundations from pluralist, solidarist, and cosmopolitan approaches to international ordering, and discuss possible biases inherent in GAL. We then consider different institutional design strategies for constructing GAL given the challenges and opportunities presented by shifting from the domestic to the transnational regulatory space. We conclude that the field of Global Administrative Law is an important and distinct emerging phenomenon deserving systematic study and development.
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