Instructional goals
The course examines the development and functioning of global administrative law, with particular attention to transnational regulatory processes concerning technological, economic, and social innovation. Through the study of global administrations, regulatory networks, transnational decision-making processes, and accountability mechanisms, students will acquire the theoretical and practical tools necessary to understand the transformation of state sovereignty and public functions in the era of globalization. The course also explores issues related to the rule of law, transparency, judicial review, and the role of private actors and civil society in global governance.
Prerequisites
Basic knowledge of public law and administrative law.
Intended learning outcomes
At the end of the course, students will be able to:
understand the principles and categories of global administrative law;
analyze the functioning of transnational administrations and regulatory networks;
assess the relationship between globalization, sovereignty, and public regulation;
critically examine mechanisms of transparency, participation, and accountability in global governance;
apply the acquired knowledge to the analysis of concrete cases concerning the global regulation of innovation.
Course Contents
The course addresses the main topics of global administrative law: expansion of global law, proliferation of transnational regulatory regimes, international administrations, global public procurement, constitutional foundations of global governance, administrative networks, global standards, transnational private regulation, enforcement of global decisions, rule of law, transparency, global justice, global indicators, development cooperation, and the relationship between globalization and sovereignty.
Reference Books
S. Cassese (a cura di), Research Handbook on Global Administrative Law, Elgar, 2017 (hereinafter: Reference text n. 1).
B. Kingsbury et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Problems 15-62
S. Cassese, Introduction to Global Administrative Law, Elgar, 2023 (further non compulsory reading).
Teaching Methods
Lectures, case-study analysis, seminar discussions of judicial and regulatory materials, and student presentations.
Assessment Method
Final oral examination aimed at assessing knowledge of the topics covered, critical analysis skills, and the appropriate use of legal terminology.
Thesis assignment criteria
The final thesis assignment will be granted to students who demonstrate particular interest in the topics covered by the course and adequate research and critical analysis skills.
Week 1
Introduction to global administrative law: origins, development, and core concepts.
Readings: Introduction: The Development of Global Administrative Law.
B. Kingsbury et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Problems 15-62
Introduction: The Development of Global Administrative Law, in Reference text n. 1
Week 2
The expansion of the material scope of global law and the proliferation of regulatory regimes.
Readings: The Expansion of the Material Scope of Global Law; The Proliferation of Global Regulatory Regimes, in Reference text n. 1
Week 3
International administrations and the management of international civil servants.
Readings: Managing International Civil Servants, in Reference text n. 1
Week 4
International public procurement and constitutional foundations of global administration.
Readings: International Public Procurement, in Reference text n. 1
Week 5
Global networks, shared administration, and interactions with civil society.
Readings: Linkages Between Global Regimes and Interactions with Civil Society; Global Networks and Shared Administration, in Reference text n. 1
Week 6
Global standards and governance through negotiation.
Readings: Global Standards for National Societies; Government by Negotiation, in Reference text n. 1
Week 7
Transnational private regulation and enforcement of global decisions.
Readings: Transnational Private Regulation: Regulating Private Regulators; The Enforcement of Global Decisions, in Reference text n. 1
Week 8
Rule of law, transparency, and accountability in the global space.
Readings: The Rule of Law and Transparency in the Global Space, in Reference text n. 1
Week 9
Judicial globalization and judicial regulation in the global space.
Readings: Judicial Globalization: The Proliferation of International Courts; Judicial Regulation in the Global Space, in Reference text n. 1
Week 10
Civil society. Global indicators.
Readings: Theories of Civil Society and Global Administrative Law; Global Indicators, in Reference text n. 1
Week 11
Regional governance, development cooperation, and the Global South.
Readings: Europe and Global Law; Global Administrative Law and the Global South; The Global Administrative Law of Development Cooperation, in Reference text n. 1
Week 12
Globalization, sovereignty, and international security. Future perspectives of global governance.
Readings: Bringing Global Law Home; Globalization and Sovereignty; The Future of Sovereignty; Governing the World, in Reference text n. 1