Global Administrative Law (GAL) is an emerging field of legal research and practice that extends the use of traditional administrative law principles beyond the domestic legal systems of states. GAL is concerned with the use of public law approaches in the control and/or regulation of non-state actors. The course will provide an advanced and integrated analysis of the emerging principles of GAL, focusing in particular on two themes. First, the course will critically examine the values adopted in GAL discourse. Second, the course will critically evaluate best practices in formation and implementation of GAL control mechanisms. Students will have the opportunity to apply their knowledge of GAL principles and values in critically evaluating the effectiveness of an existing review process within a corporation or non-governmental organisation.
Not currently offered.
On successful completion of the course students will be able to:
1. Demonstrate advanced and integrated understanding of the sources, values and principles of Global Administrative Law.
2. Apply specialised knowledge of GAL values and principles in analysis of the role of public law approaches in regulating non-state actors.
3. Critically analyse and situate GAL within the existing domestic and international legal policy paradigms (globalisation, privatisation, corporatisation, non-state actors).
4. Research and evaluate the various rationales, objectives and values that buttress implementation of GAL principles.
5. Undertake critical analysis of GALs utility and efficacy by reference to case studies.
The content in this course includes but is not limited to the following:
- GAL and Globalisation: Differentiating international organisations: formal and informal intergovernmental organisations (United Nations, WIPO); transgovernmental and transnational organisation (G8, ASEAN), hybrid public-private organisations and private bodies exercising public functions (ISO, Global Fund) etc. The enforcement of global decisions and global standards. Case studies: the significance of GAL to non-state actors that exercise public functions.
- GAL and Privatisation: GAL and the "public - private" debate. The effective regulation of non-state entities: public law, private law and GAL. The interface between corporate governance, public law and GAL.
- Key Principles of Global Administrative Law: GAL"s values, principles, standards and objectives. GAL as a normative agenda. Case studies: Best practice in terms of GAL mechanisms.
- GAL and Legal Practice - Workshop: Students will participate in a workshop designed specifically to apply their knowledge of GAL.
This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice or Master of Laws programs.
For Juris Doctor/Graduate Diploma in Legal Practice students: LAWS 6007 Administrative Law; LAWS 6013 Public International Law; LAWS 6010 Company Law. For Master of Laws students: Nil
Essay: Research Essay
Presentation: Presentations - Group