Separation Powers Admin Law QA | University College London

University:
University College London
Course:
LAWS0345 | Law and Regulation of Banking
Academic year:

2024
Views:

212

Pages:

2
Author:

Nam B.

Separation_Powers_Admin_Law_QA Question 1: What challenge does global administrative law pose to the traditional concept of state consent in international law? Answer: Global administrative law moves beyond state consent as the primary legitimizing force, challenging the voluntarist model of international law by suggesting legitimacy can stem from publicness, accountability, and effective governance practices. Question 2: In what way does global administrative law complicate traditional notions of legality? Answer: Because GAL is practiced across national, international, and hybrid regulatory bodies, it challenges the clear demarcation between law and non-law, often operating without direct ties to traditional state-based consent or constitutional structures. Question 3: Why is investment arbitration considered a manifestation of global administrative law? Answer: Investment arbitration exemplifies GAL because it subjects states' regulatory decisions to international adjudication by investors, emphasizing transparency, enforceability, and crossborder accountability mechanisms outside traditional domestic legal frameworks. Question 4: How does the concept of "margin of appreciation" relate to international adjudication under global Answer: administrative law? The "margin of appreciation" allows national authorities some discretion in applying international standards, but its inconsistent application in cases like Avena and Oil Platforms raises concerns about the consistency and legitimacy of international judicial review. Question 5: What are the five potential sites for the development of global administrative law according to Kingsbury, Krisch, and Stewart? Answer: (i) Formal international organizations, (ii) distributed treaty administration systems, (iii) transnational regulatory networks, (iv) hybrid regulatory bodies, and (v) self-regulatory schemes by private actors. Question 6: How does globalization challenge traditional ideas of democracy and constitutionalism? Answer: Globalization displaces decision-making authority to international or hybrid bodies, diluting the direct accountability mechanisms central to traditional democratic and constitutional structures at the national level. Question 7: What is the primary aim of global administrative law according to the text? Answer: GAL seeks to address accountability gaps in global governance by adapting domestic administrative law principles—such as fairness, transparency, and rights protection—to supranational and transnational regulatory contexts.