Global Administrative Law: The Quest for Principles and Values

There is currently much interest in the question whether a globaladministrative law is coming into being and, if so, whetherthis is desirable or otherwise. This paper addresses the questionof principles for a global administrative law. It considersfour potential sources and their suitability as a foundationfor a global administrative law system: first, the largely proceduralprinciples that have emerged in national administrative lawsystems, notably the principle of legality and due process principles(Section 3); second, the set of rule of law values, promotedby proponents of free trade and economic liberalism (Section4); third, the good governance values, and more particularlytransparency, participation and accountability, promoted bythe World Bank and International Monetary Fund (Section 5);and finally, human rights values (Section 6). The paper endson a sceptical note, concluding that a universal set of administrativelaw principles is difficult to identify and not especially desirable.First, administrative law is primarily a Western construct,protective of Western interests. It may impact unfavourablyon developing economies. Secondly, the evolution of global administrativelaw in adjudicative forums is leading to an undesirable ‘juridificationof the political process’. The paper concludes that diversityand pluralism are preferable.