Full Description
Global administrative law is recent, but increasingly important, as it has an impact on a wide range of areas. This book analyzes it in three ways. First, it examines the main elements of global administrative law, including its social basis and a variety of global standards. Second, it shows that the inter-relationship between various levels of government (domestic and global) is important and occurs in more than one way, including networks of public authorities and mixed administrative procedures. Third, it argues that these inter-relationships are problematic, because there is sometime collision between legal systems and even overlapping jurisdictions.
Contents
Preface
Table of Cases
Part 1: The Emergence of Global Administrative Law
1 Global Administrative Law at First Glance
1 What Is Global Administrative Law?
2 Public Law beyond the State: Variety of Views
3 Another View of the Cathedral
4 Choice of Areas and Legal Materials
5 The Aims and Structure of This Book
2 Global Administrative Law: Developments and Contours
1 Law and Globalization: an Evolving Relationship
2 The Meaning of 'Law' in the Global Order
3 Global Law as Administrative Law
4 The Scope, Contents and Purposes of Global Administrative Law
5 The Distinctive Features of Global Administrative Law
6 A Note on the Public/Private Distinction
7 Global Administrative Law from a Critical Perspective
Part 2: The Main Features of Global Administrative Law
3 Interests and Subjects
1 The Social Substrate of Global Administrative Law
2 Interests: Preliminary Remarks
3 Interests: an Assortment
4 The Social Dimension of Global Regulatory Regimes: Membership
5 Values, Duties, and Loss of Membership
6 The Other Social Dimension: Individuals and Groups
7 The Other Social Dimension: Groups and Corporations
8 Individuals and Corporations: Legal Status and Participatory Rights
4 The Structure and Functioning of Global Governance
1 From Government to Governance
2 Organizations and Networks
3 Administrative Independence under Threat
4 From Acts to Procedures
5 Global Procedures
6 National Decisions under External Constraints
7 Summary
5 Global Standards and Their Enforcement
1 A Variety of Global Standards
2 Simple Rules for a Complex World?
3 General Principles: Background, Status, and Effects
4 General Principles: the Standard of Civilization Revised
5 Non-compliance: Problems and Solutions
6 Enforcement Mechanisms
7 Conflicts within and beyond the State
Part 3: Global Justice as Conflict
6 Procedural Fairness and Propriety
1 Framing the Argument
2 Procedural Requirements for Global Authorities
3 Procedural Requirements for National Authorities
4 Administrative Due Process of Law
5 Proportionality Gaining Ground
6 Should Legitimate Expectations Be Protected?
7 Developments and Challenges
7 Normative and Judicial Conflicts
1 Normative Conflicts in National and Global Contexts
2 Multiple Legal Systems: Foreign Investment
3 Multiple Legal Systems: the UN, the EU, and the ECHR
4 The Ramifications of Judicial Pluralism
5 Parallel Proceedings: Maritime Disputes
6 Conflicting Decisions: Human Rights
7 Conclusion
8 Disputed Concepts and Values
1 Disputing Legal Concepts and Values
2 Redefining Sovereignty
3 How Much Regulatory Autonomy Do States Enjoy?
4 Promoting Democracy?
5 The Rule of Law and the Need for an Impartial Adjudicator
6 The Rule of Law and Land Grabbing
7 Reconsidering Transparency
8 Comments
9 Conclusion
1 A Change of Perspective
2 Reconsidering Judicialization
3 A Global Justice?
Index
