Globalisation and Administrative Law
Globalisation and Administrative Law
What is Globalisation?
Globalisation refers to the process by which the world becomes increasingly interconnected through trade, communication, technology, culture, and governance. It impacts not only economic relations but also political, legal, and administrative frameworks across countries.
What is Administrative Law?
Administrative law governs the actions and operations of government agencies and public authorities. It ensures that these bodies act lawfully, fairly, and within their jurisdiction. It provides mechanisms for accountability and control over public administration.
The Intersection of Globalisation and Administrative Law
Globalisation has profound effects on administrative law:
Transnational Regulation: Many issues such as environmental protection, trade regulations, data privacy, and human rights now transcend national borders. This forces domestic administrative law to adapt to international standards and cooperation.
Supranational Entities: Bodies like the European Union (EU), World Trade Organization (WTO), and United Nations (UN) create regulations and administrative rules that member states must follow, affecting domestic administrative law.
Judicial Dialogue: Courts increasingly consider international treaties, foreign administrative laws, and supranational regulations when deciding cases, leading to a blending of legal principles.
Challenges of Accountability: With decisions being influenced by non-national actors, traditional accountability mechanisms under administrative law are challenged. Citizens might find it harder to challenge decisions made by international bodies or transnational agencies.
Harmonisation of Legal Standards: Globalisation drives harmonisation of administrative procedures and standards, affecting rule-making, transparency, and procedural fairness.
Key Case Laws Illustrating Globalisation and Administrative Law
1. European Court of Justice (ECJ) — Factortame Ltd. v Secretary of State for Transport (1990) (UK)
Context: This case concerned a clash between UK national law and European Community law.
Issue: UK law restricted foreign fishing vessels, violating EU principles of freedom of establishment.
Significance: The ECJ held that European law took precedence over conflicting national legislation. This demonstrated how supranational law (EU law) limits national administrative authority and changes the landscape of administrative law by enforcing compliance with international obligations.
Impact: The case highlights how global/regional governance structures influence domestic administrative law, compelling national courts and administrations to adapt.
2. WTO Dispute Settlement Body — United States — Import Prohibition of Certain Shrimp and Shrimp Products (1998)
Context: The US imposed a ban on shrimp imports from countries that did not use turtle-excluder devices.
Issue: Whether the US measure violated WTO rules on trade restrictions.
Significance: The WTO ruled that while environmental protection is important, trade restrictions must not be arbitrary or unjustifiably discriminatory. This case illustrates how international trade law (an administrative regime at a global level) regulates national administrative decisions.
Impact: Demonstrates the tension between national environmental policies and international trade law, showing how global administrative law frameworks mediate conflicts.
3. R (on the application of Miller) v Secretary of State for Exiting the European Union (2017) (UK)
Context: The UK government planned to trigger Article 50 (Brexit) without parliamentary approval.
Issue: Whether the executive could bypass Parliament under administrative law principles.
Significance: The UK Supreme Court ruled that executive action affecting rights under EU treaties required parliamentary authorization. It reinforced the principle of parliamentary sovereignty and administrative law oversight even in the context of international relations.
Impact: This case reflects the domestic administrative law balancing act in the context of global political changes, where international agreements have domestic constitutional effects.
4. Filártiga v. Peña-Irala (1980) (United States)
Context: Paraguayan citizens brought a case in the US against a Paraguayan official for human rights violations.
Issue: Whether US courts had jurisdiction over foreign officials for international human rights violations.
Significance: The US court applied the principle of universal jurisdiction, holding foreign officials accountable under US law for breaches of international human rights norms.
Impact: This case exemplifies how national administrative law can intersect with global human rights standards, extending jurisdiction beyond borders.
5. Kadi v. Council and Commission (2008) (EU)
Context: Mr. Kadi challenged the freezing of his assets by EU institutions based on UN Security Council sanctions.
Issue: Whether EU institutions could implement UN sanctions without breaching fundamental rights.
Significance: The ECJ held that EU law protects fundamental rights and that EU institutions must review UN measures affecting individuals. It underscored the autonomy of EU administrative law even when enforcing global decisions.
Impact: Demonstrates the tension and interaction between global governance (UN sanctions) and regional administrative law protections.
Summary of the Effects of Globalisation on Administrative Law Through These Cases
| Effect | Explanation | Case Example |
|---|---|---|
| Supremacy of International Law | Domestic law must comply with international obligations | Factortame Ltd. (EU law supremacy) |
| Transnational Judicial Control | Courts enforcing international norms | Kadi (UN sanctions vs. EU law) |
| Accountability of Global Actors | Holding officials accountable beyond borders | Filártiga (universal jurisdiction) |
| Balancing Sovereignty & Global Norms | Domestic law balances sovereignty with international law | Miller (parliamentary approval for Brexit) |
| Conflict Resolution Between National and Global Interests | Trade vs environment regulations | WTO Shrimp Case |
Conclusion
Globalisation reshapes administrative law by introducing international norms, supranational regulatory bodies, and cross-border accountability mechanisms. National administrative law systems now operate in a complex global legal environment where international obligations influence domestic governance, judicial review, and administrative procedures.
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