Understanding Global Administrative Law

Giacinto della Cananea, Ph.D (EUI), Bocconi University, is Professor of Administrative Law and Global Administrative Law at that university. He has published monographs, edited books and many articles on both comparative law and global law, including The Common Core of European Administrative Laws: Retrospective and Prospective (Brill, 2023).

• PrefaceTable of CasesPart 1: The Emergence of Global Administrative Law1 Global Administrative Law at First Glance1 What Is Global Administrative Law?2 Public Law beyond the State: Variety of Views3 Another View of the Cathedral4 Choice of Areas and Legal Materials5 The Aims and Structure of This Book2 Global Administrative Law: Developments and Contours1 Law and Globalization: an Evolving Relationship2 The Meaning of ‘Law’ in the Global Order3 Global Law as Administrative Law4 The Scope, Contents and Purposes of Global Administrative Law5 The Distinctive Features of Global Administrative Law6 A Note on the Public/Private Distinction7 Global Administrative Law from a Critical PerspectivePart 2: The Main Features of Global Administrative Law3 Interests and Subjects1 The Social Substrate of Global Administrative Law2 Interests: Preliminary Remarks3 Interests: an Assortment4 The Social Dimension of Global Regulatory Regimes: Membership5 Values, Duties, and Loss of Membership6 The Other Social Dimension: Individuals and Groups7 The Other Social Dimension: Groups and Corporations 8 Individuals and Corporations: Legal Status and Participatory Rights 4 The Structure and Functioning of Global Governance1 From Government to Governance2 Organizations and Networks3 Administrative Independence under Threat4 From Acts to Procedures5 Global Procedures6 National Decisions under External Constraints7 Summary5 Global Standards and Their Enforcement1 A Variety of Global Standards2 Simple Rules for a Complex World?3 General Principles: Background, Status, and Effects4 General Principles: the Standard of Civilization Revised5 Non-compliance: Problems and Solutions6 Enforcement Mechanisms7 Conflicts within and beyond the StatePart 3: Global Justice as Conflict6 Procedural Fairness and Propriety1 Framing the Argument2 Procedural Requirements for Global Authorities3 Procedural Requirements for National Authorities4 Administrative Due Process of Law5 Proportionality Gaining Ground6 Should Legitimate Expectations Be Protected?7 Developments and Challenges7 Normative and Judicial Conflicts1 Normative Conflicts in National and Global Contexts2 Multiple Legal Systems: Foreign Investment3 Multiple Legal Systems: the UN, the EU, and the ECHR4 The Ramifications of Judicial Pluralism5 Parallel Proceedings: Maritime Disputes6 Conflicting Decisions: Human Rights7 Conclusion8 Disputed Concepts and Values1 Disputing Legal Concepts and Values2 Redefining Sovereignty3 How Much Regulatory Autonomy Do States Enjoy?4 Promoting Democracy?5 The Rule of Law and the Need for an Impartial Adjudicator6 The Rule of Law and Land Grabbing7 Reconsidering Transparency8 Comments9 Conclusion1 A Change of Perspective2 Reconsidering Judicialization3 A Global Justice?Index