This chapter proposes a critical vision of the relationship between global administrative law (GAL) and contemporary public international law. The study aims in particular to detect an “added legal value” of the GAL structure. De-formalization is often presented as one of the merits of GAL. In this paper, I argue that de-formalization is not an attribute of GAL and, thus, cannot be considered as one of its added legal value. GAL would de-formalize in the sense that it focuses on the exercise of power of a global administration, and on the impact of such exercise on the subjects of the global administration, while contemporary international law would focus on subjects endowed with an international legal personality. On the contrary, it is a process of formalization that GAL operates in subjecting the global administration to the respect of certain criteria inspired by domestic administrative law.
|Title of host publication||Les acteurs à l’ère du constitutionnalisme global|
|Editors||Anne Peters, Manuel Devers, Anne-Marie Thevenot-Werner, Patrizia Zbinden|
|Place of Publication||Paris|
|Publisher||Société de législation comparée|
|Number of pages||21|
|ISBN (Print)||9782365170314, 2365170315|
|Publication status||Published - 1 Jul 2014|