The Accountability of Global Regulatory Cooperation: What Role for Domestic Adminsitrative Law? The Case of Medical Products

Abstract

Global regulatory cooperation, or cooperation among domestic regulators beyond national borders, is becoming a dominant feature in 21st century international relations. It has, however, drawn criticism for its accountability deficits. The literature has focused, by and large, on measures to improve accountability at the international level. This article argues that domestic administrative law too has a role in improving accountability. Moreover, in light of the gap between administrative law in its traditional form and the reality of regulatory cooperation (and the consequent new challenges to accountability), administrative law needs to adapt. The article proposes four areas where such adaptation could take place: setting “bottom up” procedures, statutory authorization, oversight mechanisms and procedures for incorporating global regulation. Applied to the case of regulatory networks in the medical field, the article demonstrates how this approach has already started manifesting itself in practice in the U.S. and EU, and points to general trends.