Global Administrative Law: An Introduction

Global administrative law refers to the convergence of administrative law principles

and mechanisms at a global level. It has gained significance in the 21st century due
to the increasing influence of globalization. Unlike traditional administrative law,
global administrative law takes a broader perspective by considering governance and
regulation on a global scale. This allows for a more comprehensive approach to
domestic and international laws, impacting both their concepts and associated
politics.

Concepts of Globalization: Privatization, Deregulation, and Disinvestment

Globalization brings three major concepts: privatization, deregulation, and

disinvestment.

1. Privatization: This concept involves reshaping the ownership of the state. It

entails transferring ownership and control of state-owned assets to private
entities, leading to a reduction in the public sector's role.
2. Deregulation: As the name suggests, deregulation involves changing the
existing rules and regulations of a nation. It aims to remove or reduce
restrictions on various sectors, such as the economy, in order to foster
competition and efficiency.
3. Disinvestment: Disinvestment signifies the clearing of the public sector to
make way for private sectors. It involves reducing government ownership in
industries and encouraging private investments. This shift creates both victims
and beneficiaries in terms of economic growth.

Importance of Global Administrative Law

Global administrative law plays a crucial role in addressing the challenges posed by
globalization. It offers a well-built regime for governance that combines economic
development with human growth. The following aspects highlight its significance:
 1. Transparency: Global administrative law promotes transparency by opening
gates for increased access to information and decision-making processes at a
global level.
2. Public Participation: It encourages public participation in governance, allowing
individuals and organizations to have a say in global regulations and policies.
3. Accountability: Global administrative law establishes mechanisms for holding
governments and international organizations accountable for their actions and
decisions.
4. Socio-economic Development: It aims to foster socio-economic development
by aligning administrative law principles with global governance systems.

Construction Approaches of Global Administrative Law

There are two primary approaches to constructing global administrative law:

1. Switching Provincial Administrative Law to Global Directive: This approach

focuses on ensuring effectiveness, legality, and adherence to regulations at a
global level. It involves aligning existing provincial administrative laws with
global directives and standards.
2. Switching Global Directive to Domestic Administration: This approach aims to
incorporate divergent ideologies, individual participation, and adherence to
global regulations into domestic administration. It involves integrating global
directives into domestic legal systems and administrative practices.

These approaches provide solutions to various global issues, including lawmaking,

adjudication, accountability, and administrative mismanagement, by establishing a
framework for global governance.

Overall, global administrative law represents a shift towards a more comprehensive

and equitable approach to governance and regulation in the era of globalization. It
acknowledges the need for transgovernmental administration and recognizes the
interdependence of nations in addressing global challenges effectively.
Scope of Global Administrative Law

Global administrative law encompasses the study of principles, frameworks, and

implementation that aim to understand and regulate the behavior of global
administrative organs. It focuses on ensuring clarity, reasoned decision-making, and
legality in the exercise of rule-making authority at a global level. This field combines
various aspects of international administrative law, public law, and international
approaches to create a comprehensive framework for global governance.

Sources of Global Administrative Law

Global administrative law draws its sources from three distinct branches of law:

1. International Law: International law plays a significant role in the formation of

global administrative law. It incorporates ideologies and perspectives from
specialized regions that have traditionally contributed to the field. It also aims
to respond to the challenges faced by international law, emphasizing
legitimacy and accountability in decision-making by reviewing administrative
actions taken by international bodies.
2. Administrative Law: Administrative law, which deals with the practical
application of rules and regulations, forms the foundation for global
administrative law. It requires a global perspective to establish an efficient
system of regulation and governance.
3. Public Law: Public law includes not only public policies and welfare but also
principles of natural justice, human rights, customs, equitable distribution of
resources, and productivity. These elements are crucial in the adoption of
global administrative law, as it seeks to address various aspects of governance
and regulation at a global level.

Features of Global Administrative Law

Global administrative law exhibits several distinctive features:

 1. Sector-Based Legal Field: Global administrative law operates as a sector-based
law, where legal application varies across different domains of policy-making.
This characteristic allows for case studies and research across universities,
promoting the field's development and adoption.
2. Interdependency of Homogeneity and Heterogeneity: Global administrative
law combines both public and private laws, giving rise to regulatory regimes
with global applicability. The participation of both public and private elements
is necessary for effective regulations, especially in areas like public health. This
interdependency creates a hybrid nature for global administrative law.
3. Interconnection of Conflicting Sectors: Global administrative law serves as a
platform for different sectors to exchange rules, regulations, policies, and
procedures, leading to the creation and evolution of global legal policies.
Conflicts and debates among various administrative bodies contribute to the
development of laws and policies for global governance.
4. State Influence: While any state plays a crucial role in initiating the growth of
global administrative law, the field cannot rely solely on state mechanisms.
Global administrative law itself requires self-regulation and mechanisms to
complete the process. States act as experimental devices for implementing
global administrative law, and the consequences of such implementation help
refine rules and regulations when necessary.

Strategies for Development of Global Administrative Law

To ensure the development of global administrative law in a responsible and

beneficial manner, several strategies can be considered:

1. Procedural Due Process Law-Making: The procedural aspect of global

administrative law should incorporate principles of natural justice, clarity,
consensus, and dispute resolution mechanisms to facilitate effective
adjudication procedures at a global level.
2. Substantive Due Process Law-Making: Global administrative law should
address worldly developments and concerns such as public administration of
goods and services, environmental issues, labor standards, human rights,
pharmaceutical trade, and materialistic advancements.
3. Emphasizing Responsibility and Accountability: Accountability should be
enforced at various levels of administrative efficacy. This includes scrutinizing
concepts, rules, and policies externally and internally, checking policy-state
 relationships, preventive measures, compensation for losses or harm,
considering global humanitarian rights, and defining state responsibilities and
matters for which they can be held accountable.

These strategies provide a framework for the development of global administrative

law. As an evolving field, the strategies may evolve and adapt based on experience
and practical implications.

……………………………..

The passage you provided discusses the concept of good governance and highlights that it is a
normative approach to governance. Good governance focuses on identifying the rules that
should be followed by individuals and organizations involved in public decision-making
processes. The ultimate goal of good governance is to improve decision-making, strengthen
democracy, and promote social and economic development.

The passage also mentions that there are different approaches to defining the principles of good
governance. These principles are used to establish the conditions that actors in governance
networks should meet. They govern the functioning of governance networks and decision-
making procedures. Additionally, principles of good governance are used to outline the
requirements for recipients of international aid programs by organizations such as the World
Bank, the International Monetary Fund, the United Nations, and the European Union.

However, there is a lack of consensus regarding the specific principles of good governance in
each context. Different attempts have been made to define these principles, leading to difficulties
and controversies in the process. The passage suggests that there is no agreement

This passage expands on the concept of good governance by discussing the setting
in which governance networks operate. Governance networks are characterized by
the involvement of multiple actors and their interdependence and interaction.
However, concerns have been raised about the potential gap between democracy
and governance within these networks.

Sørensen and Torfing proposed criteria for evaluating the democratic anchorage of
governance networks. They suggested that the democratic legitimacy of governance
networks is achieved when they are controlled by democratically elected politicians,
represent the grassroots members of participating groups and organizations, are
accountable to a territorially defined citizenry, and facilitate interaction in accordance
with accepted democratic standards.

To incorporate these elements and enhance the democratic legitimacy of governance

networks, various authors have suggested regulating governance through the
governance of governance, metagovernance, or the management of networks. In this
context, public powers play different roles. Principles of good governance are
considered as tools for developing metagovernance.
Principles of good governance define the framework in which governance networks
operate and aim to ensure their democratic status and achievement of objectives.
These principles guide the conduct of governance networks and differ from the
principles of good administration, which are limited to government and public
administration.

The passage highlights that the principles of good governance should foster the
effective functioning of governance networks and contribute to their democratic
anchorage. Key principles include transparency, participation, accountability,
effectiveness, coordination, coherence, and impartiality. These principles are intended
to ensure the inclusion of necessary actors, provide them with the necessary
conditions to make decisions, and facilitate the actual implementation of decisions.

The passage also mentions that some principles of good governance are recognized
in certain rules and regulations. For example, the Aarhus Convention, which focuses
on environmental matters, emphasizes the principles of access to information, public
participation in decision-making, and access to justice.

Overall, the passage emphasizes the importance of defining and implementing

principles of good governance to enhance the democratic legitimacy and
effectiveness of governance networks.

This passage highlights the role of principles of good governance in the context of
international aid. Donor agencies have been using these principles to distribute aid
to recipient countries and to encourage institutional changes that promote social
and economic development. Principles of good governance are often set as
conditions for receiving international aid.

Since the World Bank introduced the concept of good governance as a policy
strategy in 1989, the understanding and content of good governance have evolved.
Different aid donors have different conceptions of good governance and adhere to
different principles when defining it. However, there is some agreement on five
common principles: accountability, effectiveness and efficiency, openness and
transparency, participation, and the rule of law. Other principles, such as absence of
corruption, democracy and representation, equity and inclusiveness, and human
rights, are also included by some international institutions.

The passage notes that donors may have different interpretations of each principle of
good governance, and their definitions are often simple or lacking. For example, the
World Bank and the European Union provide brief quotes or statements about good
governance rather than comprehensive definitions.
The passage mentions that there has been a debate about the real impact of good
governance on development. Critics argue that the concept of good governance may
create an infinite regress, with good governance being seen as necessary for growth
and growth being seen as what defines good governance. Some recipient countries
and authors also criticize the principles of good governance, viewing them as
imposing a Western liberal model of democracy, providing inadequate guidance for
policy changes, being a new form of political conditionality, and overlooking
institutional variations among different countries.

To address these concerns, alternative concepts have been proposed, such as the
idea of "sound governance," which incorporates various dimensions and considers
the influence of international or globalization forces.

Overall, the passage highlights the complex nature of the principles of good
governance in the context of international aid and the ongoing debate regarding
their impact and appropriateness in different settings.

The passage discusses the concept of global administrative law and its significance in
the context of globalization. It emphasizes that globalization has provided
opportunities for administrative law to function as a global mechanism for regulating
governance worldwide. Global administrative law is seen as a personalized approach
to governance, impacting both domestic and international laws and associated
politics.

The passage identifies three key concepts that accompany globalization: privatization
of the nation, deregulation, and disinvestment. Privatization involves reshaping state
ownership, while deregulation entails changing existing rules and regulations of a
nation. Disinvestment refers to the clearance of the public sector to make way for
private sectors. These changes have implications for both victims and beneficiaries,
necessitating a robust regime of administrative law that integrates economic
development and human growth.

Global administrative law is viewed as a developing field that promotes transparency,

public participation, accountability, and socio-economic development within the
governance system. It is seen as introducing a comprehensive and equitable
approach to governance on a global scale.

The passage further explains the concept of global administrative law, stating that it
gained prominence in the 21st century. The distinguishing characteristic of global
administrative law is its shift from a focus on the "world" to the "globe." This shift
aims to avoid the misconception that the branch of law is solely based on an
international perspective and instead allows for diverse perspectives within
administrative law.
The development of global administrative law is driven by the need to address the
consequences of global interdependence in various areas such as security, economic
assistance, migration, and trade practices. The passage highlights that these global
repercussions cannot be effectively dealt with by domestic regulations and
administrative assessments alone. Consequently, multinational systems and informal
governmental networks have emerged to regulate and govern at a global level,
beyond the boundaries of any specific nation.

The passage mentions two broad approaches to constructing global administrative

law. The first approach involves adapting provincial administrative law into global
directives to ensure active and legal regulation globally. The second approach aims
to bring divergent ideologies, individual participation, and adherence to global
regulation into domestic administration. These approaches offer potential solutions
to issues related to law-making, adjudication, accountability, and administrative
mismanagement on a global scale.

In summary, the passage underscores the emergence and significance of global

administrative law in the era of globalization, highlighting its role in addressing
global interdependencies and promoting comprehensive governance practices that
encompass economic development and human well-being.