Global Administrative and Regulatory Governance
Global Administrative Law: from reality to theoretical reconstruction

Scheduling: 2014-2016
 
Principal Investigator
David Duarte
 
Research Team
Ana Gouveia Martins
Francisco de Abreu Duarte
Francisco Paes Marques
João Tilly
Jorge Silva Sampaio
José Duarte Coimbra
Pedro Moniz Lopes
Rui Guerra da Fonseca
Rui Tavares Lanceiro
Tiago Fidalgo de Freitas
Miodrag Jovanovic, University of Belgrade
Mario Savino, Università degli Studi della Tuscia
Matthias Goldmann, Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht
 
Advisor
Vasco Pereira da Silva
 
Description
The administrative law science has used in distinct indefinite way the notion of Global Administrative Law, without a uniform characterisation of its meaning and correlative scientific realm. Evaluating Global Administrative Law in this project, regardless of its more specific objectives, will contribute to the demarcation of this territory of legal science and to the organisation of its different fields, mainly by assessing the existence of aspects that justify its scientific autonomy.
The Global Administrative Law influences and is influenced by the national administrative rights - a phenomenon that needs further study in Portugal. Faced with a plurality of legal systems and legal norms it is necessary to discover clues for determining the applicable law to the concrete cases. The study to be conducted may contribute to detect the trends for the present time and to find out clues for the future development of the administrative science.
The Global Administrative Law is subject to implementation by international organisations and national authorities of different States, at the administrative level, and by national and international judicial courts at the judicial level.
The exercise of the administrative or para-administrative function by international organisations may occur through the production of rules or by the application of rules to specific cases – where the subjects might be the states, other international organisations or individual subjects.
One of the objects of our study will be, in this field, the regulatory framework applicable to this administrativeor para-administrative activity by international organisations.
Meanwhile, the national governments are subject to a regulatory web that virtually covers all areas of activity. This normative web includes normative standards of international origin – international conventions and normative acts of international organisations – to be applied by national public administrations. The objectives of this research project are, among others, to identify general principles applicable to administrative or para-administrative activities of international organisations, the study and resolution proposals on situations of normative antinomies at the Global Administrative Law level and to pursue research of mutual influence and interpenetration between multi-level legal systems with regard to national administrative procedures.
 
Objectives
1. Definition of Global Administrative Law as a scientific subject under a theory of legal systems
1.1.Delimitation of the object by separating the distinct references currently embodied in the Global Administrative Law, such as international law, European law, administrative law of conflicts, the comparison of legal systems and detection of common rules.
1.2. Analysis of Global Administrative Law in view of the theory of sources.
2. Analysis of the forms of administrative action in Global Administrative Law.
2.1. Typology:
(1) administration by international organizations (eg UN Security Council, WHO, WIPO, ICAO);
(2) administration based on collective action by transnational networks of regulators based on cooperation agreements (eg Basel Committee, Montreal Protocol);
(3) shared administration headed by national regulatory authorities based on treaties, networks or other cooperation schemes (eg some decided cases by the WTO dispute resolutions organism);
(4) administration based on hybrid intergovernmental-private arrangements (eg ICANN WADA);
(5) administration by private entities with regulatory functions (eg ISO).
2.2. Assessment of the applicability of the general categories of state administrative law to the Global Administrative Law, particularly regarding the role of the state, administrative law and the correlative democratic legitimacy of administrative action, the procedural component of the activity and participation of third parties in rulemaking and adjudication procedures.
2.3. Study on the possible emergence of different sources of legitimacy of action under the Global Administrative Law – e.g. technical, bureaucratic - and on the verification of general principles and trends in global administrative practice.
3. Evaluation of the forms of interpenetration between multi-level jurisdictions within the Global Administrative Law, in particular the effects of cascading influence that may occur upward and downward and in the relations between global and national planning and intermediate systems.
4. Portugal and GAL: problems concerning the sources system and fundamental rights.
 
Outputs
The project aim is to produce scientific literature on its theme, in particular papers in English that may be published in international journals or subjected to peer review. Another alternative will be the publication of international collective works, devoted exclusively to the subject. Besides this output, the project also includes a training component, where conferences, workshops and similar activities of analysis and discussion are included. In particular:
- A symposium on the theme ‘Exploring GAL: from reality to theoretical reconstruction’;
- Workshops on ‘Global Administrative Law and the Features of Legal Systems’;
- Workshops on ‘Sources of Global Administrative Law’;
- A paper on ‘Global Administrative Law in the Map of Legal Science’;
- A paper on ‘Private Rulemaking in Global Administrative Law: Some Issues Regarding Legitimacy, Democracy and Participation in GAL’;
- A paper on ‘The Procedure of Extension of the Portuguese Continental Shelf Analysed Through Global Administrative Law’;
- A paper on ‘The problem of the inter-layer complexity of water and environmental law in Europe and the need for cooperation as an effective answer’.
The transnational nature of the project implies that all these activities are carried out in English. In addition to these outputs, that relate to the inherently transnational dimension of GAL, it will also be made an analysis of the problems that, in what concerns to sources and rights, its implementation in the Portuguese legal system can cause. In this case, the output will consist of the production of articles in Portuguese.
At the same time, the project comprises a Master discipline devoted to the study of the theoretical and practical aspects of Global Administrative Law, as well as the promotion of a postgraduate course on specific sectors of GAL (eg. civil aviation, environment, internet regulation, international trade).

Parceiros

Istituto di Ricerche sulla Pubblica Amministrazione