GER © Ola me |s om ese [a voile [EI me|s or wm OwlO mmo x[t = @ x > smart ¢ oe. 00 ome. @ ocr nan @ a a a = |e ? CONCLUSION # ° Global administrative law is an emerging field, where certain subjects require much G ‘more research and debate analyzing a wade variety of cases in which administrative law, or mechanisms, rules, and procedures comparable to administrative law, are o used to. promote transparency, participation, and accountability in informal, 7 Cooperative, and. hybrid. structures andl in multi-level systems with. shared responsibilty in decision-making. ' Cutt P Mtl Gee) © 0 [Greece rae lcm EL mse] 6 eG tree te] tee] | smo ¢ aa cio a sce war @ Q a a 3) ° CONCLUSION - * # Globalization makes administrative law more important. Because global regulation is less and less defined in terms of agreements among states, the nature of the international legal order is changing, Publie-private ot simply private actors become « ‘more important in defining global norms. si Cr ‘ [ (=== teetaGER © Ola me |s om ese [a voile [EI me|s or wm OwlO mmo x[t = @ x > 0 smart ¢ 40 010 oo ocr nar @ a a a = |e ? CONCLUSION ” ° The exercise of administrative law inthe global arena varies greatly by issue area G (for example, forestry versus banking) and by the institutions and organizations involved. Because of this, it is not likely that there is any single model of o ninstative law that will work universally (either in theory or practice) Ps Eee) © 0 [melo era nlm ae wr tm te] smo ¢ aa cio «- @ Be war ae ee ° TOP-DOWN APPROACH * ° Top-down approach, is more closely resembling contemporary international law « pattems, and thus avoids some of the problems involved in applying domestic FF ‘mechanisms of administrative law to global institutions and actors. Difficulties: it requires legalization and institutionalization of administrative regimes that are at present informal, which is difficult to achieve without losing the benefits of informal modes of cooperation; and powerful states and economic actors will generally be suspicious of strongly legalized regimes because they reduce their diseretionary influence. SS 7ESD) © 8 [ames cose tne eae [EI wee] em wen mel @ ION xt = ex > o sr rt co e s o t a s nan @ a a he . STRATEGIES AND THEORIES OF “ INSTITUTIONAL DESIGN ° « The constriction of @ global administrative law is inevitably shaped and o constrained by existing institutions and principles as well as the shiing pattems rs of international ordering andthe normative foundations. ‘Two general approaches to constructing global administrative law are evident in ‘ ‘current practice. One focuses on the application of domestic administrative law to global administration “bottom-up” the other on constructing. international ‘mechanisms “top-down”, Ge) © 0 |amn|s om smo . aang wr @ a FUNCTIONS OF GLOBAL ADMINISTRATIVE LAW” 3. Implementing Democracy Domestic administrative law serves democracy by ensuring administrative adherence to parliamentary statutes and providing transparency and. the participation of the public in administrative rulemaking, some would have global administrative law serve these same functions for administrations that operate ‘ransnationally or internationally d cemonr nerdZaz) © 0 [ewes sone tone | es fame [ED wee |S oa @ Ul @ ime |@ emel@ux + = ex >o sn rc e s 8 * @ a a eae oon a ro] e FUNCTIONS OF GLOBAL ADMINISTRATIVE LAW . : The most. common rights-based justification of the need for a. global 6 associated idea of the rule of law. Economie rights and interests of firms and other economic actors in the global dl ‘market economy. Rights of states - tools of administrative law would protect states’ rights, and they could serve, for example, to ensure that administrative actors do not oversiep their powers against thind states or that they do not exceed their competences against ‘member states. Gee) © 0 [melo oma a enone ae wr tm tw (+ > re ‘ 40 010 S scr vr QQ a FUNCTIONS OF GLOBAL ADMINISTRATIVE LAW 1. Intra-Regime Accountability cemonr nerd istrative law is the normatively least demanding of the three: it akes a given order for granted and merely seeks to censure that the various components and agents within that order perform their ‘ appointed roles and conform tothe intemal law of the regime. For example: the World Bank Inspection Panel can be analyzed in this way as a ‘means for the Board to control management and as a means for central ‘management to control operational managers.Zaz) © 0 [ewes sone tone | es fame [ED wee |S oa @ Ul @ ime |@ emel@ux + = ex >o sn rc e s 8 * @ a ae Sieaia ons a : DOCTRINAL FEATURES OF GLOBAL. * ADMINISTRATIVE LAW, = x P fadiminisiratve action, like those applied in a domestic context — such as proportionality, rational relation benween means and ends, use of less restrictive ‘means, or legitimate expectations For example: The 24-year-old swimmer Yulia Efimova this year appealed to the Court of Arbitration for Sport (Cas) after the International’ Olympic Committee ruled any Russian athlete who had been sanctioned for doping would be banned from the Olympic games at Rio 2016, CAS has riled that athletes cannot be Danned. = ‘Rio an the basis that thew have heen previously sanctioned, Gee) © 0 [melo oma a enone > re ‘ 40 010 S scr wor QQ a ADMINISTRATIVE LAW 3. Review ‘An entitlement to have a decision of a domestic administrative body affecting ‘one’s rights reviewed by a court or other independent tribunal is among the most widely accepted features of domestic administrative law, and this isto some extent ‘ ‘mirrored in global administration. For example: World Bank Inspection Panel, ‘and also the right of appeal 10 the Court of Arbitration for Sport from doping decisions cemonr be rd(CSTE RSS ea SRS RO RS SSE] o « « [EIEN DOCTRINAL FEATURES OF GLOBAL = : ADMINISTRATIVE LAW Fe 2 Roane con E Responses and contra arguments have to be presented to the major arguments ie ‘made by the parties or commenters, For example in the global anti-doping regime, a written, reasoned decision has been made a requirement for measures ‘against a particular athlete Gx) © O|ams a s ie DOCTRINAL FEATURES OF GLOBAL as ADMINISTRATIVE LAW, ° substantive character 1. Procedural participation and transparency Formal opportunity tobe heard, or to respond to any arguments that may be made ‘against the participating part.(CR ee eo ee eee oe ot en 2S wm sb e * oo a B sce or @ a ee go INSTITUTIONAL AND INTERNAL MECHANISMS.“ im FOR GLOBAL ADMINISTRATIVE LAW : o Sccounable This s most obvans i atompts by dah . uation ever te acon of inenatondl insutonn, There tina 6 messes often have te (comimes intentional) eet of obstructing elective : oversight of global governance. Taking into account governmental criticism, challenges from domestic institutions, and efforts by participating states’ and the managers of global administrative bodies to strengthen controls over theit operations, global administrative bodies have instituted their own accountability mechanisms. For a5 World Rank sii Panel, Ges) © Ome comm eae] wolome [EI me|s mS wee S oO imanx|t = 8 x > oO ew sero cm « « Oo @ x a S scr war @ @ a ° # ° ‘a SPACE AND SCOPE OF THE GLOBAL o ADMINISTRATIVE LAW a ‘The focus of the field of global administrative law is not, therefore, the specific content of substantive rules, but rather the operation of existing or possible principles, procedural rules, review mechanisms, and other mechanisms relating, to transparency, participation, reasoned decisionmaking, and assurance of leg in global governance,(Cao S TE ARES a ESO SSS IS] o « « [EIEN > 6 — ? on 0 2tme-@ ocr war @ a a a = OrALE ANY OUUrE Ur ING GLUDAL ®& - ADMINISTRATIVE LAW a x Global administrative space - new regulatory space which is emerging, distinet Jd fiom inter-State relations, transeersing the sphere of influence of both « intemationa law and domestic administrative lay ; Global administrative law covers all the rules and procedures that help ensure the accountability of global administration, and it focuses in particular on administrative structures, on transparency, on participatory elements in the administrative procedure, on principles of reasoned decisionmaking, and on ‘mechanisms of review. Gee) © 0 [melo oma a enone smo ¢ aa cio a sce na @ Q a a ° SUBJECTS OF GLOBAL ADMINISTRATION a + Individuals FF + Corporations mf + NGOs Other Collectivities However in every individual case subjects of global administrative regime are different. In some cases subjects are individuals or firms, in others both states and ‘market actors, in others states with distinct groups of individuals, market actors, NGOs, or social interests as the beneficiaries, and in still others states alone. >(CSTE RSS ea SRS RO RS SSE] o « « [EIEN > 0 smart ¢ oe. 00 ome. @ ocr war @ a a a = |e ? TYPES OF GLOBAL ADMINISTRATION . ws 5. PRIVATE, Si Many regulatory functions are carried out by private bodies. For example, the - private International Standardization Organization (ISO) has adopted over 6 1,000 standards that harmonize product and process rules around the world. Ps Ge) © [ames om Sex + oer @ Q a TYPES OF GLOBAL ADMINISTRATION 3, DISTRIBUTED ADMINISTRATION In distributed administration, domestic regulatory agencies act as part of the global administrative space: they take decisions on issues of foreign or global comor nerd 4, HYBRID INTERGOVERNMENTAL-PRIVATE ADMINISTRATION. Bodies that combine private and governmental actors take many different forms ‘and are increasingly” significant. An example isthe Codex Alimeniarius Commission, which adopts standards on food safety through a decisional process that includes significant participation by non-governmental actors as well as by government representatives TSZED) © 8 [a wes cone ne | seamen [EF wee |s me @ wen @ el @ me] v x =e > 6 — ? an 0 scr + @ Q a 1 & fe f eerok TYPES OF GLOBAL ADMINISTRATION a a 2. ADMINISTRATION BASED ON COLLECTIVE ACTION BETWEEN ) NATIONAL REGULATORY OFFICIALS Transnational networks and coordination arrangements are characterized by the absence of a binding formal decisionmaking stracture andl the dominance of informal cooperuiion among state regulators. This horizontal form of ‘administration can take place in a treaty framework. For example, the Baste Committee brings together the heads of various central banks, outside any treaty siructure, so they may coordinate on policy matters like capital adequacy requirements for banks. Qo) ER sm coer aa ei wee ee mel tee] Ewe © [3 > 6 rs ? rr TYPES OF GLOBAL ADMINISTRATION 4 scr 1 or @ Q@ a Five main types of globalized administrative regulation are distinguishable: cemornerd |. ADMINISTRATION BY FORMAL INTERNATIONAL ORGANIZATIONS: Formal inter-governmental organizations established by treaty or executive ‘agreement are the main administrative actors. As an example is the U. Council and its commitees(Cao S TE ARES a ESO SSS IS] o « « [EIEN > 6 mac ? oe. 00 tme. @ ocr san @ @ a a = * . ® fg INTERNATIONAL OR GLOBAL? au ° Administrative law differs from what Kirsch and Kingsbury call the “clasic” « fotion of international law. For global administrative law, rules are made by bodies that are not legislative or primarily adjadicatory. Administrative rules o that have'a deep impact on global actors and processes are not agreements = between states Tn fet, states need not even be lnvolved in administrative law making, It_makes more sense to talk of administrative Jaw as global rather than international, International law indicates law between or among states. It is based on inter-state consent. Administrative lav, however, can have a global reach without the explicit consent of states. So, administrative law can be Gee) © 0 [melo oma a enone ae wr tm tw (+ smo ¢ aa cio a sce sa @ Q a a ° . # DEFINITION: ° « Global administrative law — law that comprises the mechanisms, o principles, practices, and supporting social understandings that promote or a otherwise alfect the accountabli obal administrative bodies, soned decision, and and decisions they make.