CHAPTER 14 GLOBALIZATION AND ADMINISTRATIVE LAW

CHAPTER 14 GLOBALIZATION AND ADMINISTRATIVE LAW

Introduction

Globalization may be defined as the process whereby economic, cultural, and political entities are drawn closer together by development in international trade, communication, and technology. From the perspective of administrative law, globalization refers to the impact these international linkages have on the shaping of the rules, practices, and structures of administration in different jurisdictions.

Traditionally, the ambit of administrative law stretches toward the making, execution, and adjudication of rules and policies by governmental agencies. It has to face, adapt, and innovate in light of new challenges and opportunities resulting from a complex, interdependent global environment.

Impact of Globalization on Administrative Law

Need for International Cooperation

• Interconnected global contexts call for increased cooperation between countries in solving common problems of environmental sustainability, trade regulation, and public health concerns.

• This, therefore, means that administrative law should facilitate improved coordination between the domestic agencies and international organizations in guaranteeing coordinated and coherent regulatory approaches.

Improved Interconnectedness

• As nations and economies become more interdependent, the impact of internal administrative decisions begins to have an increasingly extraterritorial scope.

• Administrative law should adapt to such a paradigm in a manner that fosters internally an interaction of local regulation and international standards by which it can help internal practices comply with global norms and reduce potential cross-border regulatory conflict.

Jurisdictional Challenges

• Globalization has also brought with itself complexities regarding the question of jurisdiction and application of which law to the transnational issues.

• This is so in respect of issues regarding which legal system is to apply to the cross-border issues and how such matters, concerning the conflict between two different regulatory regimes, shall be resolved

Technological and Economic Innovation

• The rapid change in technology and flux in the global economic dynamics impact the making and implementation of regulations.

• If administrative law has to keep pace with these changes, it necessarily needs to take cognizance of the implications brought about by technological innovation and global market trends on regulatory practices.

Regulatory Harmonization

• States, in trying to reduce barriers to trade and investment, generally tend to align themselves with international standards.

• Such harmonization has to be taken abroad by the administrative law, making sure that domestic regulative frameworks are in keeping with international norms and practice.

Role of International Organizations:

• The expansion of international organizations, such as World Trade Organization (WTO) and the United Nations (UN) interest in national regulatory practices, which will thereafter impinge administrative law that is called upon to assimilate the various directions and standards set out by these international organizations into domestic regulatory frameworks.

Demands for Transparency and Accountability

• The global scrutiny of regulatory processes and decision-making has increased. The enhancement of transparency, accountability, and public responsiveness in regulatory practices that is responsive to domestic and international expectations is a prime requirement and challenge that administrative law has to address.

International Influence in the Administrative Law

International influence, refers to the act of international standards, norms, and international practices in the extent they influence the formulation of instances that touch on the criteria to which administrative laws and regulations are applied, the decisions made in their implementation, and where such decisions or even laws are adjudged within India.

Inclusion of International Treaties and Agreements

• India's commitment to a host of international treaties and agreements may require incorporating their provisions into the domestic administrative law.

• Human Rights Treaties: Instruments like the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights will need some changes in Indian administrative practice in order to bring them in line with international human rights standards.

• Trade Agreements: The treaties under the WTO make necessary changes in national legislation on trade practices, customs, and tariffs.

• The government of India must ensure that its administrative rules and decisions comply with the obligations created by those international treaties, which cover issues like environmental protection, labour rights, and trade policies.

Impact of International Institutions on Policy

• International bodies like the United Nations (UN), the World Bank, and the International Monetary Fund have effects on Indian administrative law.

• UN Guidelines issued by UN agencies can have a considerable bearing on administrative processes and regulatory practices in India. For example, UN recommendations relating to public administration can have an impact on the operational procedures of Indian administrative agencies.

• World Bank and IMF Policies, in many cases conditions and policy advice in lieu of financial assistance from these institutions have driven administrative reforms and regulatory changes in India,

International Standardisation

• Global standards are those which are used or adopted by organizations throughout the world to improve product quality, international market access, cost-efficiency, and production effectiveness among them.

• India often establishes regulations in alignment with the international standards to drive the transaction of international

• Indian administrative bodies can adjust regulations in line with international standards relating, for instance, to the safety of products and protection of the environment, among others, and regulations relating to financial regulation.

• International best practices are assimilated to re-engineer and reform administrative processes for the benefit of good governance.

Jurisdictional and Legal Problems

• Indian authorities have to harmonise conflicting domestic regulations and international legal standards in cross-border transactions or disputes.

• The enforcement of international arbitration awards and judgments would impose the necessity of making changes in Indian administrative practices.

Impact of International Trade and Investment Policies

• The Indian regime on FDI and trade is influenced by international agreements and treaties.

• Domestic administrative processes in respect of commerce and investment are thus impacted by the requirement of compliance with international regimes.

Transparency and Accountability Norms

• International norms call for increased public role in the decision-making in the regulatory processes. Indian administrative practices have been adopting the mechanisms for public consultation and transparency.

• International anti-corruption standards drive the domestic reforms to enhance governance and bring down corruption.

Technological and Innovation Standards

• International data protection and privacy regulation sets the stage for India through data governance policy and cyber regulations.

• Law of the administration in India should be in tune with technical progress and innovations and adopt the best practices all over the world for the regulation of bouncing issues in various fields of artificial and biotechnology.

Comparative Administrative Law

Comparative administrative law is a systematic examination of the comparison between different administrative laws and practices.

- The process f globalization has led to the emergence of global standards that have a bearing on the administrative laws at the domestic level. Many domestic systems have accepted similar principles, reflected by administrative transparency, accountability, and procedural fairness, which are acutely influenced by international treaties and conventions.

- Comparative analyses show how countries have their administrative procedures arranged differently. Even if vastly differing, there are similarities in the mechanisms utilized in the making, challenging, and review of administrative decisions. Many have, for example, established judicial review mechanisms whose purpose is to ensure the fairness and legality of administrative actions.

- The challenges brought about by technological advancement have introduced certain turbocharged changes in administrative practice globally. Comparative administrative law examines attempts by different countries to adapt e-governance tools, digital platforms, and other innovations aimed at achieving increased efficiency in their administrative machinery and delivery of public services.

- There is move to secure accountability and transparency of administrative decision-making bodies in as diverse territories as possible. Comparative studies tend to discuss how countries achieve this through access to information laws, public participation processes in decision-making, and oversight institutions.

- Various countries use different techniques to settle disputes between administrative authorities and private individuals. Comparative administrative law studies mechanisms such as administrative tribunals, ombudsmen, and alternative dispute resolution strategies.

Comparative Analysis

- Indian administrative law has grown under the shadow of the domestic constitutional and juridical order, globalisation has brought in such elements of international best practices more so in the realm of rule of law, transparency, accountability, and human rights.

- Both global and Indian Administrative Law increasingly focus on the fact that the exercise of public power should strictly be according to the law, be bound by fair procedures, and be accountable for their actions.