Whose administrative law is it anyway? How global norms reshape the administrative state

Daphne Barak-Erez, Oren Perez

Research output: Contribution to journalArticlepeer-review

21 Scopus citations

Abstract

Global norms are increasingly reshaping the contours and dynamic of domestic administrative law. We have shown that external influence originating in the global sphere manifests itself both in the specific contents of the regulation, in the formulation of global general standards of due process, and in the transference of enforcement powers to global bodies. In this context, we have distinguished between due process rules that focus on the fairness of the administrative process, and perfecting procedures such as rules pertaining to risk assessment. The influence of this emerging body of law is not limited to the economic domain. It also extends to the regulation of environmental and health risks. The norms of universal administrative law are the product of a highly pluralist transnational regime. This pluralistic framework influences the paths through which these administrative norms penetrate the domestic realm-either by administrative decisions or through voluntary decisions of private corporations.

Original languageEnglish
Pages (from-to)455-497
Number of pages43
JournalCornell International Law Journal
Volume46
Issue number3
StatePublished - Sep 2013

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