37 NYU Journal of International Law and Politics (2005)

Administrative Law Without the State? The Challenge of Global Regulation

Sabino Cassese

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In this Article, I respond to some of the current questions regarding global administrative law. First, how is it structured? Does it operate according to international law by means of negotiation or according to traditional administrative law by “command and control”? Second, on which grounds does global administrative law rest? National administrative laws are sustained by a constitutional framework that exists above and beyond the state. Beyond the state, there lies a global legal space, which is, at most, a system of “global governance”. Can there then be a world administration without a world government? Finally, what are the relationships between global administrative law and domestic administrative law? Is there a mismatch, an overlap, or integration between the two levels? Does the emergence of global administrative law alter the structure of national public powers?