GLOBAL

ADMINISTRATIVE
LAW
(GAL)

Ms. Ipsita Ray, Assistant Professor

Symbiosis Law School, NOIDA

Ms. Ipsita Ray, Symbiosis Law School, NOIDA

 Definition of GAL
O GAL may be defined as comprising the
 mechanisms,
 principles practices and
 supporting social understandings
O that promote or otherwise affect the accountability of
global administrative bodies, in particular
 by ensuring they meet adequate standards of
transparency participation,
 reasoned decisions and
 Legality and
 by providing effective review of the rules and
decisions they make (Kingsbury 2005).
Ms. Ipsita Ray, Symbiosis Law School, NOIDA
 Establishing new forms of
Accountability
O International institutions are making
decisions for states, which have an
implication in the national jurisdiction;
therefore transparency, participation and
accountability in treaty-making and also at
the enforcement level is necessary which
provides scope for GAL which can play an
important role.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA

 Normative Bases of GAL
O Intra-Regime Accountability: On this basis GAL seeks
to ensure that the various components and agents
within the global order perform their appointed roles
and conform to the internal law of the regime.
O Protecting Rights:In this approach, tools of
administrative law would protect rights of states.
O Implementing Democracy: GAL serves these
functions for administrations that operate
transnational or international Globalisation, which is
based on the premise of equal treatment, non-
discrimination, transparency, free flow of information
and basically involves these democratic ideals.
Ms. Ipsita Ray, Symbiosis Law School, NOIDA
 Institutional Design of GAL
O The Bottom up Approach- attempts to
ensure legality, accountability and
participation in global administration
through extending (and adopting) the tools
of domestic administrative law.
E.g. Transparency, Reasoned Decisions
O Top down Approach- GAL creates new
administrative law mechanisms directly at
the level of global regulatory regimes.
Ms. Ipsita Ray, Symbiosis Law School, NOIDA
 Conclusion
O The development of the GAL would
contribute to ensuring predictability and
security in international relations,
accountability for breaches of international
norms and increasingly to protecting the
global commons and individual rights.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA