Global Administrative Order
Germany
Philipp Dann
Prof. Dr., LL.M (Harvard), Chair for Public and Comparative Public Law at the Justus-Liebig-University Giessen, Germany
Marie v. Engelhardt
LL.M. (London School of Economics and Political Science)
The report examines to what extent and how German administrative law and organisation have been changed by globalisation and the increasing reach and depth of global governance. A first chapter analyses the legal discourse in Germany and finds that international (more than global) administrative law has become a major topic. It points to three different strands in German scholarship and highlights especially the proposal to conceptualize global governance as an exercise of international public authority. In a second step, the report examines three specific fields of law (environment, health and financial services) and analyses how national administrative and legal structures have been influenced by globalisation. In particular, it enquires what instruments of standard-setting and forms of implementation have been used. Finally, the report acknowledges that globalization has had a tremendous effect on German administrative law and describes seven instrumental and substantive modes of the effect of international rules on the German legal order.
