Droit Administratif Global et Droit International (Global Administrative Law and International Law)
LE DROIT ADMINISTRATIF GLOBAL, C. Bories, ed., Pedone, 2012
9 Pages Posted: 15 Feb 2012
Date Written: February 13, 2012
This short paper examines the conceptual methodology behind Global Administrative Law (hereafter GAL). It more particularly argues that GAL rests on a dialectical approach which oscillate between two methodological postures. GAL starts by deformalizing its object of study, namely the exercise of public authority at the international level. Such preliminary deformalization is what allows GAL to capture the factual phenomenon which it purports to regulate. Such a first methodological step brings GAL to initially move away from the traditional theory of sources of international law. Yet, GAL subsequently engages in a re-formalization with a view to designing principles of accountability, participations and transparency. Such a dialectical methodology radically departs from the mainstream methodology of the European tradition of international law, thereby making GAL an extremely refreshing and stimulating project for all European international legal scholars. To reap the benefits of the GAL approach, European international legal scholars nonetheless need to fathom the specific dynamics of the GAL project and its fundamental different nature.
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