Table of Contents

Research Handbook on Global Administrative Law

Research Handbook on Global Administrative Law

Research Handbooks on Globalisation and the Law series

Edited by Sabino Cassese

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field.

Chapter 8: Global standards for national societies

Richard B. Stewart

Subjects: law - academic, constitutional and administrative law, regulation and governance

Extract

States have established, through treaty-based intergovernmental organizations and networks of specialized domestic government agencies, myriad global regulatory programmes to overcome the inadequacies of purely national policy measures and secure the welfare of their citizens under conditions of intensifying global interdependence and rivalry. These global regulatory programmes occupy three broad and often overlapping policy fields: security; promotion and regulation of markets; and moral objectives, including human rights, social development, and environmental protection. A great variety of private and hybrid public-private global regulatory bodies have also sprung up in the past three decades. In addition, international courts and tribunals have assumed important global regulatory functions. This chapter focuses on the reception and implementation by national administrations of the substantive, institutional and procedural regulatory norms generated by these various global actors, with particular attention given to the roles of Global Administrative Law (GAL) norms and practices of transparency, participation, reason giving, and review. Many intergovernmental regulatory regimes are aimed at regulating the conduct of states in areas as diverse as chemical weapons, refugees, human rights, development assistance, and payments to governments for resource exploitation. Other global regulatory programmes are directly or indirectly aimed at regulating the conduct of private actors. With some exceptions, global regulators generally lack the authority or capacity to directly implement and execute their regulatory norms and decisions.

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