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David Haendler – One of the best experts on this subject based on the ideXlab platform.

Richard B. Stewart – One of the best experts on this subject based on the ideXlab platform.

  • U.S. Administrative Law: A Model for Global Administrative Law?
    Law and contemporary problems, 2005
    Co-Authors: Richard B. Stewart
    Abstract:

    I INTRODUCTION This Article examines the potential for drawing on U.S. Administrative Law in the development of a global Administrative Law (1) to secure greater accountability for the growing exercise of regulatory authority by international or transnational governmental decisionmakers in a wide variety of fields. U.S. Administrative Law and practice might form one useful point of departure for developing both “top down” and “bottom up” approaches to understanding and further developing global Administrative Law. A global Administrative Law must, of course, draw on legal principles and practices from many domestic and regional legal systems and traditions, as well as from sources in international Law. Accordingly, the U.S.-based perspective offered in this Article is only one of many that must be considered. The past several decades have witnessed an explosive development of a great variety of international economic and social regulatory regimes. (2) These regimes have been created in response to the rise of a global market economy (itself constructed through private and public international Law regimes), the consequences of economic, social, environmental, informational, and other forms of interdependence, and the perceived inadequacies of purely national solutions in the problems generated by those consequences. These regulatory regimes encompass a wide variety of subject areas, including trade; finance and banking; environment, health, and safety; pharmaceuticals; transportation and communications; conditions on financial assistance; human rights; and unLawful or undesirable activities. These regimes respond to the failures of both markets and of decentralized national systems of regulation to secure important economic and social values. They also often include bodies that are Administrative in character and that make regulatory decisions and create regulatory Law that is domestically implemented. As Kingsbury, Krisch and Stewart explain in “The Emergence of Global Administrative Law,” (3) the traditional paradigms of international Law and of Administrative Law at the domestic level cannot adequately account for or address these new global regulatory regimes, which are creating a new field of global administration and Administrative Law. How can these global regulatory regimes be made accountable to the actors or publics whose interests they are supposed to serve? This is the question being addressed by new, emerging forms of global Administrative Law. Putting the issue in terms of accountability immediately raises the questions of to whom account is due, and by what means. (4) One approach is to ensure that Administrative decisionmakers implementing a global regulatory regime–which can include domestic Administrative officials implementing global regulatory norms as well as officials at the global level–are faithful to that regime and the states that have established it. Another is accountability to those ultimately subject to regulation, including private individuals and entities, business firms, and in some cases NGOs, in order to ensure that their rights are secured and their interests respected. A third approach is accountability to the broader publics, either domestic or global, that are protected or otherwise affected by the regime. It must also be borne in mind that Administrative Law is only one means among many others that can be deployed to promote accountability and help to ensure that global regulatory regimes in fact serve their justificatory ends, raising the question of its appropriate role in relation to other mechanisms. (5) Further, what should the normative ambition of global Administrative Law be? Should it aim to ensure the smooth and effective instrumental functioning of global regulatory regimes? Should it ensure that Administrative agents are faithful to their principals, however defined? Should it seek to protect the rights of private actors? …

  • U.S. Administrative Law: A Model for Global Administrative Law
    SSRN Electronic Journal, 2005
    Co-Authors: Richard B. Stewart
    Abstract:

    This Article examines the potential for drawing on U.S. Administrative Law in the development of a global Administrative Law to secure greater accountability for the growing exercise of regulatory authority by international or transnational governmental decision-makers in a wide variety of fields. It discusses how U.S. Administrative Law and practice might form one useful point of departure for developing both “top down” and “bottom up” approaches for understanding and further developing global Administrative Law. A global Administrative Law must, of course, draw on legal principles and practices from many domestic and regional legal systems and traditions, as well as sources in international Law. Accordingly, the U.S.-based perspective offered in this Article is only one of many that must be considered.

  • The Emergence of Global Administrative Law
    SSRN Electronic Journal, 2005
    Co-Authors: Benedict Kingsbury, Nico Krisch, Richard B. Stewart
    Abstract:

    This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of Administrative Law mechanisms to promote greater accountability in decisionmaking and rulemaking in the rapidly proliferating variety of global regulatory structures. These include formal international organizations (such as the WTO, the Security Council, World Bank, the Climate Change regime, etc), informal intergovernmental networks of domestic regulatory officials (such as the Basel Committee of national bank regulators), domestic authorities implementing global regulatory Law, hybrid public-private and purely private transnational regulatory regimes. The subjects of such global regulatory systems include individuals, firms and other economic actors, states, and occasionally NGOs. These regimes and subjects, we argue, are part of a single global Administrative space distinct from the domains of international Law and domestic Administrative Law. We define global Administrative Law as the principles, procedures, and review mechanisms that are emerging to govern decisionmaking and regulatory rulemaking by these bodies. We identify a number of structural mechanisms that have arisen to develop and apply global Administrative Law, including domestic courts and legislatures reviewing domestic implementation of global standards and national officials’ participation in global Administrative decisions, and new mechanisms developed at the global level for governance of international and transnational regulatory bodies. We examine the sources and content of the various doctrinal principles and requirements that have been developed and enforced by these mechanisms (such as transparency, participation, reasoned decisionmaking, review, and substantive standards such as proportionality), and their sources. We next consider the normative foundations of global Administrative Law, including intra-regime control, liberal notions of protection of the rights of individuals and of economic actors, protection of the rights of states, and securing democracy with respect to global regulation. We examine these normative foundations in relation to three conceptions of international ordering – pluralist, solidarist, and cosmopolitan – and in relation to North-South differences. We then consider different strategies for constructing global Administrative Law, including bottom-up approaches that seek to extend domestic Administrative Law to global regulatory decisions and top-down approaches that develop new Administrative Law mechanisms at the global level. We also examine the positive political theory of global Administrative Law. We conclude that the field of global Administrative Law is an important emerging phenomenon, distinct from international Law and from domestic Administrative Law, that deserves systematic study and development.

Cătălin-silviu Săraru – One of the best experts on this subject based on the ideXlab platform.

  • Administrative Law science in Romania
    Juridical Tribune, 2018
    Co-Authors: Cătălin-silviu Săraru
    Abstract:

    This study investigates the emergence of the science of Administrative Law in Romania and analyzes some introductory notions in Romanian Administrative Law: definition of Administrative Law; the object of regulation of the Romanian Administrative Law; and the features of Administrative Law. Administrative Law is the branch of Law that encompasses the legal norms governing social relations regarding the organization, activity, control and liability of the public administration, based on and in the enforcement of the Law. Administrative Law implies an Administrative legal regime for regulated social relations justified by the specific nature of the realization of the public interest, the administration of the assets subject to the public property and the provision under the continuity and permanence of public services.

  • Considerations on the sources of Romanian Administrative Law. The need to codify the rules of Romanian Administrative Law
    , 2017
    Co-Authors: Cătălin-silviu Săraru
    Abstract:

    This article analyzes the formal sources of Romanian Administrative Law: Constitution and constitutional Laws, organic Laws and ordinary Laws, simple ordinances and emergency ordinances adopted by the Government, Administrative acts of a normative nature, customary Law, jurisprudence, legal doctrine, the position of the international treaties and the legal order of the European Union within the sources of the Romanian Administrative Law. At the end of the article we analyzed the need to codify the rules of Administrative Law in Romania. The codification of the rules governing the action of the public administration presents an indisputable advantage for the citizen who will find in a single normative act all the rights and obligations that come within the content of the Administrative Law legal relation.

Mary Ann Neary – One of the best experts on this subject based on the ideXlab platform.

Lu Peng-yu – One of the best experts on this subject based on the ideXlab platform.