Глобальне адміністративне право: ключові аспекти концептуалізації

Abstract

The present article provides the analyses of the main aspects of the global administrative law concept been proposed at the early 2000 to explain legal particulars of the global governance phenomenon. The prime focus is intentionally made on the basic elements of the concept with the specific emphasis on the different approaches to the issue. The characteristics is given both to the narrow understanding of the global administrative law connected to the regulation of internal action of institutions of global governance, and to the wide understanding covering the system of universal norms that impact upon the procedures of national public administration. The coherence between the global governance actors (including public and private, formal and non-formal ones) and the variety of global administrative law sources is revealed. The typology of the legal orders which compose the judicial system of global administrative law is also given. The typology in question particularly includes traditional sources represented by norms of international public law, as well as new sources such national administrative law rules extended through international instruments, internal procedural regulations of international organisations and rules of a “soft law”generated both by public and private actors. Fundamental principles of global administrative law may be typically classified in a two set. The one set is based upon specific provisions of universal international instruments, such as the WTO agreements, the other one is created through the transformation of national principles of rule of law, good administration and due process.