Global Administrative Law: Can it Bring Global Governance to Account?

Federal Law Review, Vol. 37, pp. 237-261, 2009

Georgetown Law and Economics Research Paper No. 1527095

26 Pages Posted: 22 Dec 2009 Last revised: 31 Jul 2010

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

John Farnik

Blake Dawson

Date Written: December 22, 2009

Abstract

This paper examines the increased use of administrative-law type mechanisms and principles to keep global governance systems accountable. It addresses the two key ways that this body of law, global administrative law, can be developed: the extension of domestic law ‘upward’, and the creation of specialized mechanisms operating at the global level. Having examined the progress that has been made to date on each of these fronts, the paper then addresses the ramifications of this emerging area of law on domestic administrative law, including interference with domestic law and how conflicts between the two sources of law can and should be resolved.

Keywords: Global Administrative Law, Global Governance, Domestic Administrative Law, International organisations, Trans-governmental networks, Trans-governmental regulatory actors

JEL Classification: K23, K33

Suggested Citation

Mitchell, Andrew D. and Farnik, John, Global Administrative Law: Can it Bring Global Governance to Account? (December 22, 2009). Federal Law Review, Vol. 37, pp. 237-261, 2009; Georgetown Law and Economics Research Paper No. 1527095. Available at SSRN: https://ssrn.com/abstract=1527095

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

University Square
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Victoria, Victoria 3010
Australia
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HOME PAGE: http://law.unimelb.edu.au/about/staff/andrew-mitchell

John Farnik

Blake Dawson ( email )

Australia

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