Susan Rose-Ackerman
Richard Stewart
Yale Law School
Fall 2012
Tuesday 2:10 – 4:00 pm
Global and Comparative Administrative Law
Required Course Book: At the Yale Bookstore:
Susan Rose-Ackerman and Peter Lindseth, eds., Comparative Administrative Law, Edward
Elgar, paper, 2010.
Resources for Global Administrative Law:
The NYU Global Administrative law Project (www.iilj.org/gal) publications, papers,
partnerships and conferences; bibliography; suggestions for research topics.
Sabino Cassese, Bruno Carotti, Lorenzo Casini, Eleonora Cavalieri, and Euan Macdonald, eds.
Global Administrative Law: The Casebook. Rome: IRPA (2012), with collection of cases and
commentary and bibliography, http://www.irpa.eu/en/pubblicazioni-irpa/galcasebooks/9799/global-administrative-law-the-casebook-2/ (links to individual chapters in PDF
format)(the entire casebook will be available on Amazon Kindle Sept 15). The readings below
include assignments to selected portions of the various chapters.
Optional (at Yale Bookstore) for non-US students who need a review of US administrative law:
Peter Strauss, Administrative Justice in the US, 2d edition. Carolina Academic Press (2002)
Begin with parts I, II, and V.C.
I. Global and Comparative Administrative Law: Outlining a Field of Study [9/11]
[Administrative law is part of the legal structure of established states. It protects
individuals from state overreaching and helps provide democratic legitimacy
when the legislature delegates policymaking power to the executive. What do
these principles mean when extended to the global area where canonical
democratic institutions do not exist and regulatory power is exercised by many
fragmented public, private and hybrid administrative bodies?]
a. Daniel B. Rodriquez, “Administrative Law,” in Keith E. Whittington, R. Daniel
Kelemen, and Gregory A. Caldeira, eds. Oxford Handbook of Law and Politics,
Oxford UK: Oxford University Press, 2008, pp. 340-359.
b. Giandominico Majone, “From the Positive to the Regulatory State,” Journal of
Public Policy 17(2): 139-167 (1997).
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c. Susan Rose-Ackerman and Peter Lindseth, “Comparative Administrative Law:
An Introduction,” in Susan Rose-Ackerman and Peter Lindseth, eds.,
Comparative Administrative Law (Edward Elgar, 2010), pp. 1-20.
d. Benedict Kingsbury, Nico Krisch, and Richard B. Stewart, “The Emergence of
Global Administrative Law,” Law and Contemporary Problems 68: 15-61 (2005).
e. Sabino Cassese, Globalization of Law (Mss. 2011) [Good accessible overview,
from a “continental” perspective, of the rise of global governance and law.]
Case Study:
Richard Stewart and Michelle Ratton Sanchez Badin, The World Trade
Organization and Global Administrative Law, 9 I*CON 556 (2011).
Additional optional reading
Benedict Kingsbury, The Concept of “Law” in Global Administrative Law, 20
European Jl Intl Law 23 (2009) [explores to what extent GAL principles and
practices can be regarded as a more or less unified body of “law” as opposed to
good or prudent administrative practice, notwithstanding general absence of
legally authoritative sources for GAL]
II. Accountability and Delegation [9/18 & 9/25]
a. Delegation: [9/18] [Delegation of policymaking to the executive is the
inevitable result of the nature of modern policy problems and the inadequacy
of legislatures as policymaking institutions. This issue is central of the study
of comparative administrative law, but what are the global analogies? At the
international level there is no democratically elected legislature to set the
policy framework. Thus, many international bodies do not operate under
clear delegated authority. Also, private and hybrid regulatory bodies play a
much larger role than in the domestic context. Exceptions are treaty-based
organizations but with the units representing states, not citizens, and their
accountability often runs to the most powerful members
i. Giandominico Majone, “Two Logics of Delegation: Agency and Fiduciary
Relations in EU Governance,” European Union Politics 2/1: 103-122
(2001).
ii. Susan Rose-Ackerman, “Contents and Introduction,” S. Rose-Ackerman,
ed., The Economics of Administrative Law, Edward Elgar Publishing,
2007, pp. v-vii, xiii-xxviii (concentrate on pp. xiii-xvii, xxiii-xxiv).
iii. M. A. Pollack, “Learning from the Americanists (Again): Theory and
Method in the Study of Delegation.” The Politics of Delegation. M.
Thatcher and A. Stone Sweet. Oxford: Frank Cass (2003) pp. 200-220.
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iv. David Lake and Mathew McCubbins, “Delegation to International
Agencies,” Draft 2.1: Sep. 13, 2004.
v. Eyal Benvenisti and George Downs, “The Emperor’s New Clothes:
Political Economy and the Fragmentation of International Law,” 60 Stan.
L. Rev. 595 (2007-2008).
vi. Walter Mattli and Ngaire Woods, “In Whose Benefit? Explaining
Regulatory Change in Global Politics,” The Politics of Global Regulation.
Princeton: Princeton University Press (2009) pp. 1-43
b. Accountability and Power [9/25] [Read items i to iv: Grant & Keohane,
Stewart, Ferejohn, B. Ackerman, plus two of the country reports or one
country report and GAL case study]
[Given delegation from the legislature or global actors that assert the power
to act even without clear delegation, how are such bodies held to account?
What options are available and how do they link to constitutional or global
structures of authority?]
i. Ruth Grant and Robert Keohane, “Accountability and Abuses of Power in
World Politics,” 99 American Political Science Review 29. [get published
version in American Pol Science Review] (good I/R political scientist
overview)
ii. Richard B. Stewart, Accountability, Participation and the Problem of
Disregard (draft 2012)[more focused on legal and institutional issues]
iii. John Ferejohn, Accountability in a Global Context, IILJ Working Paper
2007/5, Global Administrative Law Series. [political and legal
accountability in domestic and global contexts]
iv. Bruce Ackerman, “Good-bye, Montesquieu,” in Susan Rose-Ackerman
and Peter Lindseth, eds., Comparative Administrative Law (Edward Elgar,
2010), pp. 128-133.
Country Reports:
France: J. Ziller, “Political Accountability in France” in Luc Verhey, H.
Broeksteeg, and Ilse Van den Driessche, eds. Political Accountability in
Europe: Which Way Forward? Groningen, Europa Law Pub., 2008, pp.
81-98.
Germany: Veith Mehde, “Political Accountability in Germany” in Luc
Verhey, Hansko Broeksteeg, and Ilse Van den Driessche, eds. Political
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Accountability in Europe: Which Way Forward? Groningen, Europa Law
Publishing, 2008, pp. 101-119.
Britain: Adam Tomkins, “Political Accountability in the United
Kingdom” in L. Verhey, H. Broeksteeg, and I. Van den Driessche, eds.
Political Accountability in Europe: Which Way Forward? Groningen,
Europa Law Publishing, 2008, pp. 245-269.
United States: Peter Strauss "Overseer or "The Decider"? The President
in Administrative Law." George Washington Law Review 75(4): 696-760
(2007).
Brazil: Mariana Mota Prado, “Presidential Dominance from a
Comparative Perspective: The Relationship between the Executive
Branch and Regulatory Agencies in Brazil,” in Susan Rose-Ackerman and
Peter Lindseth, eds., Comparative Administrative Law (Edward Elgar,
2010), pp. 225-245.
US Regulation and Global Regulatory Norms:
a. Richard Stewart, The Global Regulatory Challenge to US
Administrative Law, 37 NYU J. Int’l L. & Pol. 695 (20042005)
b. NRDC v. EPA, 373 U.S. App. D.C. 223; 464 F.3d 1 (D.C. Cir
2005)
III. Policymaking Processes: Participation, Transparency and Rights to Information
[10/2 & 10/9]: [Notice and comment rulemaking processes in the US involve
public notice, open-ended hearings, reason-giving, and limited judicial review of
the process and of substance (but almost no de novo review). These legal
requirements differ sharply from those in other advanced democracies. What
are the arguments for and against extending the US procedures to other polities?
Similarly, what are the procedural requirements for global institutions and
should they imitate the US model—in principle and\or in the specific practices?
Also, global regulatory bodies increasingly require or promote the adoption by
domestic administrative agencies of procedural requirements of participation,
transparency, and review. Is this simply another form of Western legal
imperialism?]
a. Susan Rose-Ackerman, “Policymaking Accountability: Parliamentary versus
Presidential Systems,” in David Levi-Faur, ed., Handbook on the Politics of
Regulation, Cheltenham UK:Edward Elgar, 2011.
b. US Administrative Procedure Act, 5 U.S.C. §§551, 553, 701-706
https://www.law.csuohio.edu/lawlibrary/guides/adm/fed
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c. Robert Kagan, American and European Ways of Law: Six Entrenched
Differences,” in Volkmar Gessner and David Nelken, eds., European Ways of
Law: Toward a European Sociology of Law, Portland OR: Hart Publishing, 2007,
pp. 41-70.
d. Sabino Cassese, "Global Standards for National Administrative Procedure." Law
and Contemporary Problems 68: 109-126 (2005)
e. Peter Strauss, “Rulemaking in the Ages of Globalization and Information: What
America Can Learn from Europe and Vice Versa,” Columbia Journal of
European Law 12: 645-694 (2005-2006).
f. R. Daniel Kelemen, “Adversarial Legalism and Administrative Law in the
European Union,” in Susan Rose-Ackerman and Peter Lindseth, eds.,
Comparative Administrative Law (Edward Elgar, 2010), pp. 606-617.
Case Studies:
Bank Regulation: Mario Savino & Maurizia di Bellis, An Unaccountable
Transnational-Branch? The Basel Committee {GAL CB I.D.4}; Michael Barr and
Geoffrey Miller, “Global Administrative Law: the View from Basel,” The
European Journal of International Law 17(1): 15-46 (2006);
Food standards: Dario Bevilacqua, Competing Interests: Food Safety Standards
and the Codex Alimentarius Commission {GAL CB II.A.5}; Michael Livermore,
“Authority and Legitimacy in Global Governance: Deliberation, Institutional
Differentiation, and the Codex Alimentarius,” N.Y.U. L. Rev. 81: 766-801 (2006)
Development Assistance: Mariarita Circi, The World Bank Inspection Panel: The
Indian Mumbai Urban Transport Project Case {GAL CB III.B.6}; Gianluca
Sgueo, Participation of Indigenous People: The Guatemala Marlin Gold Mine
{GAL CB III.B.8}; Mariarita Circi, The Vlora Thermal Power Plant in Albania: a
Multiplication of Global Standards? {GAL CB III.B.7]; Mariangela Benedetti,
The Bakun Hydroelectric Project: Participatory Rights in Malaysia {GAL CB
III.B.9}; Overview: Daniel D. Bradlow, “Private Complainants and International
Organizations: A Comparative Study of the Independent Inspection
Mechanisms in International Financial Institutions,” 36 Geo. J. Int’l L. 403 (20042005).
Trade Regulation: Richard Stewart and Michelle Ratton Sanchez Badin, The
World Trade Organization and Global Administrative Law, supra.
China: Jamie Horsley Public Participation in the People’s Republic: Developing a
More Participatory Governance Model in China, Yale China Center, manuscript,
2009: http://www.law.yale.edu/documents/pdf/Intellectual_Life/CL-PPPP_in_the__PRC_FINAL_91609.pdf
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g. Transparency and Freedom of Information
i.
Carol Harlow. “Freedom of Information and Transparency as
Administrative and Constitutional Rights”, in The Cambridge
Yearbook of European Legal Studies, A. Dashwood and A. Ward,
eds. Oxford, Hart Publishing. 2: 285-302 (2000).
ii.
US Freedom of Information Act, 5 U.S.C. §552,
http://www.law.cornell.edu/uscode/5/552.html
iii.
Megan Donaldson & Benedict Kingsbury, Power and the Public:
the nature and effects of formal transparency policies in global
governance institutions (draft 2012)
GAL Case Study: Anti-Dumping: Maurizia De Bellis, The
Disclosure of Information: Anti-Dumping Duties and the WTO
System {GAL CB III.C.2}
IV. The “Rule of Law” and the Protection of Rights [10/16, 10/23—1/2]: due process,
proportionality principle, right to good administration [What is meant by the
“rule of law”? Is it a concept that is deeply embedded in the common law so that
it needs to be reconceptualized for civil law and global systems? Does it refer to
procedures and principles that protect individuals from overreaching by powerholders and\or does it refer to the methods by which institutions make binding
policies for large groups? Is it tied to the idea of the “state” or can it be
formulated to apply to global non-state bodies? How should one deal with
disagreements over the meaning of the term?]
a. Jeremy Waldron ; “The Concept and the Rule of Law” 43 GEORGIA LAW
REVIEW (2008), 1-61;
b. Richard Stewart, Global Regulatory Administration and the Rule of Law: Global
Administrative Law”, manuscript July 2012.
c. David Dyzenhaus, “Accountability and the Concept of Global (Administrative)
Law,” IILJ Working Paper 2008/7 (Global Administrative Law Series)
d. Susan Rose-Ackerman, “Establishing the Rule of Law,” in Robert Rotberg, ed.,
When States Fail: Causes and Consequences, pp. 182-221 (concentrate on pp.
182-183, 196-212).
e. Carol Harlow, "Global Administrative Law: The Quest for Principles and
Values." European Journal of International Law 17(1): 187-214 (2006).
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f. B. S. Chimni, “Co-option and Resistance: Two Faces of Global Administrative
Law,” 15 European Journal of International Law and Politics 799 (2005)
g. Proportionality:
i. Jurgen Schwarze, “The Principle of Proportionality” Summary and
conclusion of chapter 5, p European Administrative Law, Revised 1st
edition,L; Tladi Al Qaidaondon: Sweet and Maxwell, p. 853-866.
ii. Case Study Environmental Regulation and Investment: Stephan W. Schill,
Indirect Expropriation and Fair and Equitable Treatment under Investment
Treaties: Tecmed v. Mexico {GAL CB III.D.1}
h. GAL Case Studies
i. Anti-Terrorism Measures Mario Savino The War on Terror and the Rule
of Law: Kadi II {GAL CB III.B.1}; Abousfian Abdelrazik and the
Minister of Foreign Affairs and the Attorney General of Canada, 2009 FC
580;General background: Dire Tladi and Gillian Taylor, “On the Al
Qaida/Taliban Sanctions Regime: Due Process and Sunsetting,” 10
Chinese Journal of International Law 771-789 (2011);
ii. Water supply Bronwen Morgan, “Turning off the Tap: Urban Water
Service Delivery and the Social Construction of Global Administrative
Law,” 17 European Journal of International Law 215 (2006).
iii. International Investment Filippo Fontanelli, The Metalclad NAFTA
Litigation: What is National Courts’ Role in Investment
Arbitration?{GAL CB IV3}.
iv. Refugee Status Emma Dunlop, A Globalized Administrative Procedure:
UNHCR’s Determination of Refugee Status and its Procedural
Standards{GAL CB III.B.3}
v. Extradition: Matthias Goldmann, The Right of Access to Information in
the Age of Globalization: The Federal Administrative Court and
Extraterritorial Renditions {GAL CB VI.A.1}
V. Review of Administrative Action by Courts and other Bodies [10/23-1/2, 10/30]
[Both core bureaucracies and independent bodies are routinely subject to some
kind of judicial review in established democratic states. What should be the
nature of such review given the worry that courts will overstep into politics?
What role can administrative law play in an authoritarian state such as China?
In the international arena, it is not always clear what institution has authority to
review decisions—domestic courts, international tribunals, domestic political
bodies, or no one.]
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a. Jerry Mashaw, “Judicial Review of Administrative Action: Reflections Balancing
Political, Managerial and Legal Accountability,” Revista DIREITOGV 1(special
issue 1): 153-170 (2005) http://www.direitogv.com.br.
b. Martin Shapiro, “Judicial Delegation Doctrines: The US, Britain, and France” in
Mark Thatcher and Alec Stone Sweet, eds., The Politics of Delegation, Portland
OR: Frank Cass, 2003, pp. 172-199.
c. Paul Craig, “Judicial Review of Questions of Law: A Comparative Perspective,”
in Susan Rose-Ackerman and Peter Lindseth, eds., Comparative Administrative
Law (Edward Elgar, 2010), pp. 449-465.
d. Cheng-Yi Huang, “Judicial Deference to Legislative Delegation and
Administrative Discretion in New Democracies: Recent Evidence from Poland,
Taiwan, and South Africa,” in Susan Rose-Ackerman and Peter Lindseth, eds.,
Comparative Administrative Law (Edward Elgar, 2010), pp. 466-481.
e. France:
i. Jean Massot, “The Powers and Duties of the French Administrative
Judge,” in Susan Rose-Ackerman and Peter Lindseth, eds., Comparative
Administrative Law (Edward Elgar, 2010), pp. 415-425.
ii. The Council of State {GAL CB VI.B.7D.1}
f. Great Britain: Robert Carnwath, “Tribunal Justice—A New Start,” United
Kingdom Public Law (2009, Jan), 48-69.
http://www.chba.org.uk/library/seminar_notes/?a=75725
g. China: He Xin, "Administrative Law as a Mechanism for Political Control in
Contemporary China," Chapter 9 in Balme & Dowdle, eds., Building
Constitutionalism in China (Macmillan: 2009), pp. 143-157. For more
background and details read Jianfu Chen, Chinese Law: Context and
Transformation, chapter 6: "Administrative Law" (Martinus Nijhoff: 2008), pp.
207-260
h. Review of global regulatory decisions:
i. Eyal Benvenisti & George Downs, Court Cooperation, Executive
Accountability and Global Governance
ii. Benedict Kingsbury, Weighing Global Regulatory Decisions in National
Courts
Case Studies at the Global\Domestic Intersection:
Investment: Stephan W. Schill, “Glamis Gold Ltd. v. United States,” 104 Am. J. Int’l
L. 253 (2010); Filippo Fontanelli, The Metalclad NAFTA Litigation: What is
National Courts’ Role in Investment Arbitration?{GAL CB IV3}. Hilde Caroli
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Casavola, The International Centre for Settlement of Investment Disputes: The
Tokios Tokelès Case {GAL CB V.12}
Anti-corruption: R (on the application of Corner House Research and others) v.
Director of the Serious Fraud Office, [2008] UKHL 60
Development Assistance Projects: Mariarita Circi, The Vlora Thermal Power Plant in
Albania: a Multiplication of Global Standards? {GAL CB III.B.7}
Antidoping in sport: Alessandro E. Basilico, Global Review of National Decision:
The Case Carlos Queiroz v. Autoridade Antidopagem de Portugal {GAL CB III.A.5};
background on the Court of Arbitration for Sport and the global sports law regimes:
Lorenzo Casini and Giulia Mannucci, Hybrid Public-Private Bodies within Global
Private Regimes: The World Anti-Doping Agency (WADA) {GAL CB I.C.3};Giulia
Mannucci, The Court of Arbitration for Sport: A “Judicial” Law-Maker {GAL CB
V.13;
Antidumping: Marco Macchia, Reasonableness and Proportionality: The NAFTA
Binational Panel and the Extension of Administrative Justice to International
Relations III.D.4
VI. Policymaking Techniques, “Independent” Government Agencies, and “Private” and
“Hybrid” Regulatory Bodies [11/6, 11/13] [What institutions should have the
authority to make decisions and what substantive principles ought they to use?]
A. Impact Assessment and cost\benefit analysis [11/6-1/2]
[These techniques are being pushed by some as substantive policymaking
standards. What are their strengths and weaknesses? If adopted, as goals for
some policies, how could or should they be enforced in either the national or the
global context?]
a. Kenneth Arrow, et al., “Is There a Role for Benefit-Cost Analysis in
Environmental, Health, and Safety Regulation” Science 272:221-222 (April
12, 1996).
b. US Review: EO 12866,
http://www.reginfo.gov/public/jsp/Utilities/EO_Redirect.jsp.
c. US OMB’s Office of Information and Regulatory Affairs, Appendix D: OMB
Circular A-4, Regulatory Analysis, pp. 118-164.
http://www.whitehouse.gov/omb/memoranda_m03-21
d. Susan Rose-Ackerman, “Putting Cost/Benefit Analysis in Its Place,”
University of Miami Law Review 65(2): 335-355 (2011).
e. “Better Regulation” and Impact Assessment
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i. Jonathan Wiener and Alberto Alemanno, “Comparing Regulatory
Oversight Bodies across the Atlantic: The Office of Information and
Regulatory Affairs in the US and the Impact Assessment Board in the
EU,” in Susan Rose-Ackerman and Peter Lindseth, eds., Comparative
Administrative Law (Edward Elgar, 2010), pp. 309-335.
ii. Alberto Alemanno, Is There a Role for Cost-Benefit Analysis Beyond
the State? Chapter 6 in Richard Revesz and Michael Livermore, CostBenefit Analysis Goes Global (forthcoming)
B. “Independent” regulatory bodies. [11/6-1/2, continuing to 11/13]
[In organized states the creation of independent regulatory bodies is often seen
as problematic because they stand outside of the political structure of
government and are less accountable to political actors than other institutions.
What if, in addition, these bodies are organized, staffed and even funded by the
private sector? In global ad law, this latter issue is a central concern because
many of the bodies of interest necessarily fall into that category. They cannot
help being relatively independent because no global state exists. These problems
are even more acute in the case of private and hybrid private-public regulatory
regimes.]
i. Colin Scott, “Agencification, Regulation and Judicialization:
American Exceptionalism and Other Ways of Life,” in Tom Ginsburg
and Albert H. Y. Chen, eds. Administrative Law and Governance in
Asia, London: Routledge, 2009, pp. 38-58.
ii. Daniel Halberstam, “The Promise of Comparative Administrative
Law: A Constitutional Perspective on Independent Agencies,” in
Susan Rose-Ackerman and Peter Lindseth, eds., Comparative
Administrative Law (Edward Elgar, 2010), pp. 185-204.
iii. Lorne Sossin, “The Puzzle of Administrative Independence and
Parliamentary Democracy in the Common Law World: A Canadian
Perspective,” in Susan Rose-Ackerman and Peter Lindseth, eds.,
Comparative Administrative Law (Edward Elgar, 2010), pp. 205-224.
iv. Martin Shapiro, “A Comparison of US and European Independent
Agencies,” in Susan Rose-Ackerman and Peter Lindseth, eds.,
Comparative Administrative Law (Edward Elgar, 2010), pp. 293-308.
Global agency case study:
Bruno Carotti, The Organization for Prohibition of Chemical Weapons: The
Bustani Case {GAL CB III.C.4}
C. “Private” and Hybrid Agencies [11/13]
i. Walter Mattli and Tim Buthe, “Global Private Governance: Lessons from a
National Model of Setting Standards in Accounting,” 68 Law and Contemporary
Problems 225 (Summer/Autumn 2005)
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ii. Errol Meidinger, “The Administrative Law of Global Private-Public Regulation:
the Case of Forestry,” 17 European Journal of International Law 47 (2006)
iii. Laura A. Dickinson, “Government for Hire: Privatizing Foreign Affairs and the
Problem of Accountability Under International Law,” 47 William and Mary L. Rev.
135 (2005)
Case Studies:
Global sports: Lorenzo Casini and Giulia Mannucci,
Hybrid Public-Private Bodies within Global Private Regimes: The World AntiDoping Agency (WADA) {GAL CB I.C.3}
Global consumer product supply chains: Terry MacDonald, “Non-Electoral
Accountability in Global Politics: Strengthening Democratic Control within the
Global Garment Industry,” 17 European Journal of International Law 89 (2006)
Global standards for products and services, Eran Shamir Borer Legitimacy without
Authority in Global Standardization Governance: The Case of the International
Organization for Standardization (ISO){GAL CB I.C.1}
The Internet Bruno Carotti and Lorenzo Casini, A Hybrid Public-Private Regime:
The Internet Corporation for Assigned Names and Numbers (ICANN) and the
Governance of the Internet{GAL CB I.C.2}
Accounting standards: Maurizia De Bellis, Public Accountability of a Global Private
Regulator: The IFRs Foundation Ongoing Constitution Review, the IASB and the
Monitoring Board {GAL CB II.A.4}
Anastasia Telesetsky, The Marine Stewardship Council Sustainable Fishery
Standards: Private Governance responding to Public Governance {GAL CB II.A.4}
[11/20, no class: Thanksgiving break]
VII.
Inter-Jurisdictional Transpositions of Administrative Law [11/27]
The materials that we have studied illustrate many different ways in which
administrative law procedures and practices have migrated from one jurisdiction to
another. These include from one domestic jurisdiction to another; from national to
supranational; ; from national to global; and from global to national. There are also
indication ns of transfers from one global regime to another - -for example the
spread of independent mechanisms of review of conformity by international
financial institutions with environmental and social guidelines for development
practices may originate in one national jurisdiction (such as the U.S.) be adopted by
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a global body (such as the WTO), and then transferred to another national
jurisdiction (such as China). What are the mechanisms by which these transfers are
effected? Who are the relevant actors and interests? How does one judge whether
the transfers are “successful.” Are we on the road to a harmonized corpus of
administrative law across different jurisdictions and levels? global
a. Review Stewart and Badin, “The World Trade Organization and Global
Administrative Law,” supra. 9/11
b. Francesca Bignami, “Individual Rights and Transnational Networks,” in Susan
Rose-Ackerman and Peter Lindseth, eds., Comparative Administrative Law
(Edward Elgar, 2010), pp. 632-638.
c. Richard Stewart, “U.S. Administrative Law: A Model for Global Administrative
Law?” 68 Law and Contemporary Problems 63 (2005)
d. Rudolf Dolzer, “The Impact of International Investment Treaties on Domestic
Administrative Law,” 37 International Law and Politics 953 (2006)
e. Benedict Kingsbury and Stephen Schill, "Investor-State Arbitration as
Governance: Fair and Equitable Treatment, Proportionality and the Emerging
Global Administrative Law," (2009). New York University Public Law and Legal
Theory Working Papers. Paper 146.
f. Urena, GAL and the Domestic Regulatory State; Challenges from the South
(GAL CB I.A.3)
VI.B.7 The Conseil d’Ètat and Schengen Mariangela Benedetti
VIII. Student presentations (12/4 &12/11)
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