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Global administrative law


Global administrative law is an emerging field that is based upon a dual insight: that much of what is usually termed “global governance” can be accurately characterized as administrative action; and that increasingly such action is itself being regulated by administrative law-type principles, rules and mechanisms – in particular those relating to participation, transparency, accountability and review. GAL, then, refers to the structures, procedures and normative standards for regulatory decision-making including transparency, participation, and review, and the rule-governed mechanisms for implementing these standards, that are applicable to formal intergovernmental regulatory bodies; to informal intergovernmental regulatory networks; to regulatory decisions of national governments where these are part of or constrained by an international intergovernmental regime; and to hybrid public-private or private transnational bodies. The focus of this field is not the specific content of substantive rules, but rather the operation of existing or possible principles, procedural rules and reviewing and other mechanisms relating to accountability, transparency, participation, and assurance of legality in global governance.

Today almost all human activity is subject to some form of global regulation. Goods and activities that are beyond the effective control of any one State are regulated at the global level. Global regulatory regimes cover a vast array of different subject-areas, including forest preservation, the control of fishing, water regulation, environmental protection, arms control, food safety and standardization, financial and accounting standards, internet governance, pharmaceuticals regulation, intellectual property protection, refugee protection, coffee and cocoa standards, labour standards, antitrust regulation, to name but a very few. This increase in the number and scope of regulatory regimes has been matched by the huge growth of international organizations: nowadays over 2,000 intergovernmental organizations (IGO) and around 40,000 Non-governmental organizations (NGO) are operating worldwide.


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