E. Dunlop: Globalization and sovereignty: global threats and
international security
1. INTRODUCTION - THE MOVE TO GLOBALIZED SECURITY REGIMES
The concept of global administrative law begins from the twin ideas that much global governance can be
understood as administration, and that such administration is often organized and shaped by principles
of an administrative law character. With the expansion of global governance, many administrative and
regulatory functions are now performed in a global rather than national context.
Global administrative law is an emerging field that is based upon a dual insight: that much of what is
usually termed “global governance” can be accurately characterized as administrative action; and that
increasingly such action is itself being regulated by administrative law-type principles, rules and
mechanisms – in particular those relating to participation, transparency, accountability and review.
- It starts from the observation that much of global governance can be understood as regulation and
administration and that we are witnessing the emergence of a ‘global administrative space’: a
space in which the strict dichotomy between domestic and international has largely broken
down, in which administrative functions are performed in often complex interplays between
officials and institutions on different levels, and in which regulation may be highly effective despite
its predominantly non-binding forms. In practice, the increasing exercise of public power in these
structures has given rise to serious concerns about legitimacy and accountability, prompting
patterns of responses to those concerns in many areas of global governance.
- Accountability problems are addressed through greater transparency, through notice-and-
comment procedures in rule-making, and through new avenues of judicial and administrative
review.
Security is a traditional mainstay and 'legitimizing principle' of the nation State. The past century has,
however, witnessed a marked shift in the exercise of security operations from sovereign power to global
coordination. This movement was consolidated with the establishment of the United Nations (UN) in
1945. The new structure to the international security system that centralized primary responsibility for
the maintenance of international peace and security in the Security Council, and otherwise outlawed the
use of force, save in cases of individual or collective self-defence in the event of an armed attack. The
implementation of Security Council decision-making has engaged national actors, transnational networks
and regional regimes in an intricate cooperative effort. Inevitably, this process has involved both
coordination and contestation, as different regulatory regimes are brought into contact with one another.
- Global Administrative Law responds to global incidences of regulation that occur outside of
traditional 'legislative' (i.e. treaty-based) or judicial decision-making, drawing attention to 'the
concomitant need for effective redress for individuals, entities and groups.
- Global Administrative Law has emerged as a basis both for mapping procedural principles
designed to improve the accountability of global governance and for providing a normative basis
for their ongoing production.
international security
1. INTRODUCTION - THE MOVE TO GLOBALIZED SECURITY REGIMES
The concept of global administrative law begins from the twin ideas that much global governance can be
understood as administration, and that such administration is often organized and shaped by principles
of an administrative law character. With the expansion of global governance, many administrative and
regulatory functions are now performed in a global rather than national context.
Global administrative law is an emerging field that is based upon a dual insight: that much of what is
usually termed “global governance” can be accurately characterized as administrative action; and that
increasingly such action is itself being regulated by administrative law-type principles, rules and
mechanisms – in particular those relating to participation, transparency, accountability and review.
- It starts from the observation that much of global governance can be understood as regulation and
administration and that we are witnessing the emergence of a ‘global administrative space’: a
space in which the strict dichotomy between domestic and international has largely broken
down, in which administrative functions are performed in often complex interplays between
officials and institutions on different levels, and in which regulation may be highly effective despite
its predominantly non-binding forms. In practice, the increasing exercise of public power in these
structures has given rise to serious concerns about legitimacy and accountability, prompting
patterns of responses to those concerns in many areas of global governance.
- Accountability problems are addressed through greater transparency, through notice-and-
comment procedures in rule-making, and through new avenues of judicial and administrative
review.
Security is a traditional mainstay and 'legitimizing principle' of the nation State. The past century has,
however, witnessed a marked shift in the exercise of security operations from sovereign power to global
coordination. This movement was consolidated with the establishment of the United Nations (UN) in
1945. The new structure to the international security system that centralized primary responsibility for
the maintenance of international peace and security in the Security Council, and otherwise outlawed the
use of force, save in cases of individual or collective self-defence in the event of an armed attack. The
implementation of Security Council decision-making has engaged national actors, transnational networks
and regional regimes in an intricate cooperative effort. Inevitably, this process has involved both
coordination and contestation, as different regulatory regimes are brought into contact with one another.
- Global Administrative Law responds to global incidences of regulation that occur outside of
traditional 'legislative' (i.e. treaty-based) or judicial decision-making, drawing attention to 'the
concomitant need for effective redress for individuals, entities and groups.
- Global Administrative Law has emerged as a basis both for mapping procedural principles
designed to improve the accountability of global governance and for providing a normative basis
for their ongoing production.
