Anna Masutti and Filippo Tomasello
Edited by Fabiana Di Porto and Rupprecht Podszun
Where law is lawful, decision-makers must comply with the law. If administrative justice is to be achieved in the global space, administrative decision-makers must be committed to ‘legality’, meaning that their decisions are consistent with the existing body of law. A comparative analysis of prevailing functional understandings of administrative justice reveals that it contains a requirement that administrative decisions be made ‘according to law’. Global administrative justice requires cohesiveness, and cohesiveness implies stability, or an anchor to which standards can be tethered. If a requirement for decisions to be made according to law is incorporated into a model of global administrative justice, that anchor becomes the legal framework under which administrative decisions are made. The existing law in the global space, which is defined as international law, domestic law and institutional law, intersects with the United Nations to create legal obligations for its administrative decision-making.
Normative conceptions of administrative justice that are based on rights protection and good governance form the foundation for the second requirement of global administrative justice, which is that administrative decisions must be made ‘according to values the community accepts as just’. These procedural values, which are broadly defined as rationality, fairness, transparency and participation, are revealed through an analysis of the ‘acceptance’ of procedural values by the ‘global community’. A fragmented global community can be defined as both municipal and cosmopolitan in nature, meaning that the values that the global community ‘accepts as just’ will be identified through the codification, interpretation and practice of democratically legitimate international law that reflects the principles of human dignity. Procedural values that are accepted as just by the global community manifest in the global space as divergent standards, according to the functions and objectives of individual global decision-making bodies.
Procedural Protections, Gaps and Proposals for Reform
S.J. Blodgett-Ford, Woodrow Barfield and Alexander Williams
Virtual and augmented reality can be used to project advertisements in the real or virtual world. This chapter discusses case law, statutes, and regulations that apply to advertising in virtual and augmented reality as well as the possible evolution of the current law due to new challenges. Particular issues of interest include the Lanham Act, nuisance law, virtual trespass, right of publicity, and copyright.