Global Administrative Law Scholarship

The obligation of states to take foreign interests seriously into account, if recognized, calls upon national regulators to assess the impact of their policies on foreign stakeholders and be accountable to them. This is where the disciplines of constitutional and administrative law, developed in response to domestic demand for accountability, come into play with their panoply of procedural norms and institutional mechanisms that structure public decision-making. With globalization and the move to decision-making beyond the state, scholars and practitioners began to explore the applicability of those disciplines to transnational decision-making bodies. At the same time, global bodies have begun to impose procedural and institutional obligations on member states in areas such as trade, investments and the protection of the environment and other shared natural resources. Particular attention was devoted to ensuring accountability to all affected stakeholders. The resulting body of knowledge is pertinent to the effort to explore the procedural, normative and institutional obligations that states, international organizations and even private actors have toward third parties.

Resources on the Global Administrative Law Project and related scholarship:

Eyal Benvenisti, Special Course: The International Law of Global Governance, The Hague Academy of International Law (July 8-12, 2013)

Course description: The course  addresses the law that applies to the decision-making processes within international organizations and other global governance bodies. While different organizations have their specific norms, in recent years there is growing convergence toward a common understanding of, and expectations for, what may be called global administrative law. The course examines these norms and the political and social forces that shape their development.

Outline of the course:

Session 1: The Emergence of Global Governance and the Global Legal Responses presentation1

Session 2: The Law Regulating the Authority of Global Governance Institutions presentation2

Session 3: The Law on the Decision-Making Process within Global Governance Bodies presentation3

Session 4:  The Limits of Global Regulation of Sovereign Discretion presentation4

Session 5: Reviewing Global Governance presentation5

See also Working Paper Series WPS 2014-3 — 2014-7

image book cover