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Raphaël Maurel
Associate Professor at the University of Bourgogne Europe, CREDIMI
Member of the ‘Institut Universitaire de France’
Abstract:
This article explores the concept of global administrative law (GAL), arguing for the need to redefine it within the context of contemporary global legal phenomena. It critically examines the evolution of GAL as a legal framework and identifies the limitations of existing definitions, which often rely on outdated notions of state sovereignty and institutional centrality. The article proposes a more inclusive and functional approach to global administrative law, focusing on procedural norms that enhance the legitimacy of global decisions, whether made by public or private entities. Drawing on various theoretical perspectives, including those of Léon Duguit and Maurice Hauriou, the article emphasizes the importance of ethical governance and the interplay between global and local legal orders. By analyzing the practical and normative implications of GAL, it highlights how global entities, both governmental and corporate, contribute to shaping legal norms through their decision-making processes. The article also explores the central role of the state, not as a central actor but as a regulator that continues to influence global administrative practices. Ultimately, the article presents global administrative law as a dynamic and evolving field, offering a foundation for understanding how legal norms are created, implemented, and contested in an increasingly interconnected world.
