Global Administrative law
BBA – 2020 Karolina Kulinska
Lecture I –
introduction to GAL
(notion and material
scope)
1. Dimensions of Global Administrative Law dualistic (not: multilevel!)
unitary
Global vs International
non-primary role of States
2. Lack of
constitution
3. The Role of global regulatory regimes
ü Global regulatory regimes include: standardization and food safety, internet governance, migration, trade, postal services, outer space management, education, water regulation, environmental matters and MANY more…
üThere are 4 basic types of global regulators à üMain features of global regulatory regimes:
(1) Developing (2) Composite (3) Diversification
(1) Formal treaty based international and intergovernmental organizations
WTO, UN, WHO (2) Transnational networks of domestic
regulatory officials
The Basel Committee on Banking Supervision
(3) Private regulatory bodies Sport associations/federations, the Society for Worldwide Interbank Financial
Telecommunication
(4) Hybrid (public-private) bodies The World Anti-Doping Agency, the Glibal Fund to Fight Aids
Source: Richard B Stewart, Remedying disregard in Global Regulatory Governance:
Accountability, Participation and Responsiveness, 2014.
3. The Role of global regulatory regimes
Main features of global regulatory regimes:
(4) Lack of global executives and enforcement powers (5) Hybridism
(6) Indirect
(7) Voluntary compliance
4. Rule of law?
Is it justified to say that there is a global democracy today? Or global values that shall be protected regardless of national, or even international regulations? If so, who decides? Who shall execute it?
5. Development mechanisms
What UNESCO, Olimpic Games and radioactive waste management have in common?
6. The study of gal - challenges
All juridical science is necessarily international and universal – Raymond Salleiles (1904)
[GAL] is not yet a system that can be called law in the traditional sense of the word - Jan Zimmerman (2013)
There is one system of law in each State - Jan Zimmerman (2019)
#classdiscussion: What is your opinion?
Case I: The killing of stray dogs in sochi – who is (or should be)
reposnible?
https://www.youtube.com/watch?v=SyX3x8YZwiA
CASE II: KADI (I) AND KADI (II): Changing Relationship between national and international law regimes
