Dann, Philipp --- "The Global Administrative Law of development cooperation" [2016] ELECD 424; in Cassese, Sabino (ed), "Research Handbook on Global Administrative Law" (Edward Elgar Publishing, 2016) 415

Book Title: Research Handbook on Global Administrative Law

Editor(s): Cassese, Sabino

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478453

Section: Chapter 19

Section Title: The Global Administrative Law of development cooperation

Author(s): Dann, Philipp

Number of pages: 22

Abstract/Description:

The debate on Global Administrative Law (GAL) has opened new perspectives on international institutional law, but it has also – and in perhaps unexpected ways – enriched research on law and development. GAL in general has devoted attention to the emergence of a ‘global administrative space’ and the immense powers of international public authority, and thus boosted research on the legal premises of institutional configurations in global governance. Normatively, this attention is guided by a search for overarching ‘global’ standards that set limitations upon this global power, taken from the provenance of administrative law (transparency, accountability or participation) or infused with more constitutional law elements (rule of law, human rights). At the same time, GAL has contributed to the literature on law and development – perhaps even adding a third, new, branch. The first branch studies the role of law as an instrument for development in domestic settings, while the second branch analyses international law from a development perspective, be it in the area of international economic law (trade, investment, sovereign debt), environmental law, intellectual property or any other area of law. Scholars have accompanied developments in a pragmatic fashion or at a critical distance. Next to these two, there is an emerging third branch that could be called the institutional law of development, the law of development cooperation and finance – or, more in line with this contribution, the GAL of development.