Global Administrative and Regulatory Governance

Scientific Areas:
Law
Political Science
International Relations
Philosophy
 
Scientific Supervisor:
David Duarte
 
Description:
The traditional approach of Public International Law as the law established between governments of states to regulate relations between states as legal entities has long ago been surpassed. It is in this context that the importance of global governance has risen to an unprecedented level. There is virtually no domain of public or private activity in which there is not a set of supranational regulatory norms and/or a global administrative apparatus overseeing it. What is more: there is an increasing tendency of local governance being replaced by global governance.
It ought to be acknowledged at the outset that the distinction between the ‘constitutional’, the ‘administrative’, and the ‘international’ in the global arena seems to be not only blurry but also underdeveloped. Taking this into account, several competing theoretical approaches have emerged with strong claims and disparate theoretical bases to frame legal globalisation, namely those of Global Constitutionalism, International Institutional Law, and Global Administrative Law. These are three different frameworks that summon CIDP’s three Research Groups for this Thematic Line: Constitutional Law and Political Science, Administrative Law and European and International Law.
 
Objectives:
a) To empirically study the multilevel regulation of at least two economic sectors that simultaneously impact and drive globalisation from top to bottom: energy and civil aviation; several other areas will be covered as well: for example Environmental Law, the Law of the Sea, Human Rights Law, Water regulation Law, or Pharmaceuticals regulation;
b) To map the multilevel top-down and bottom-up (or even horizontal) influence of the global and the supranational spheres in the national legal regimes;
c) To understand the role of national administrations as adjudicators of international regulatory systems;
d) To conceive the role of international bodies (formal and informal ones) as adjudicators of international regulatory systems both to private citizens, corporations or States;
d) To study the role of the States as actors in this;
f) To scrutinise the procedures, standards and review mechanisms of hybrid public-private bodies and by purely private bodies;
g) To evaluate if at the global level there any tools, and to which extent, that work as a surrogate for democratic electoral and legislative oversight and control;
h) To identify tendencies and patterns of regulation and adjudication in the global administrative space.