The Global Administrative Law of Science doc

[...]... exist The perspective of global administrative law, on the contrary, offers a conceptual framework for the legal analysis of the global governance of science 2 Terminology: International, Transnational, Global The term global administrative law is not devoid of ambivalence, though13 A first terminological uncertainty arises with respect to the epithets “international” and global Is global administrative. .. reach of international law? They are not A closer look reveals the existence of a plethora of international institutions, legal rules and principles, of global norms for the purpose of the international governance of science and of administrative mechanisms to ensure the sound management of science- related problems We shall discover that neither ethical issues of research, nor the affection of other... 182 B Global Administrative Law I An Emerging Concept for the Legal Analysis of the Governance of Science The idea of developing administrative legal structures at a global level is a prominent conceptual invention in current public law thinking The theoretical approach to global administrative law aims at the elaboration of interrelationships between administrative entities on a world scale, the identification... international administrative law sees an impressive renaissance in recent legal scholarship4 The theory of global administrative law focuses on the plurality of administrative regimes with their plethora of actors – public or private bodies5, their diffuse bulk of legal rules – binding and non-binding – and the concomitant issues of the protection of rights and interests as well as of legitimacy According to the. .. Cassese, International Law, 2nd ed., 2005, at p 21 In the context of global administrative law: José E Alvarez, International Organisations as Law- makers, 2005, at pp 244 et seq 18 B Global Administrative Law What global administrative law aims at in this respect is the further elaboration of the third, communitarian layer of public international law in continuing the establishment of its capacity to... ICCPR3 only Of course, the notion of science is used in international legal texts (see below E III.), but there is no single document or even group of documents the quest for a definition can concentrate upon Consequently, the task of defining the term is part of the effort to design the subject matter itself There is no positivist approach or else given idea to the concept of international law of science. .. aspects of one and the same development 3 Global Administrative Law and Global Governance Another approach the advantages of which cannot easily be discarded is the more recent concept of global governance that has entered international legal thinking from different directions of the social sciences Though it is indispensable in the analysis of the management of scientific activity on the global scale,... concept of global administrative law such plurality needs a rational and legally sound sharing of responsibilities within the different global regulatory systems6 Such a concept is the ideal analytical framework for the international governance of science As we shall see in the later chapters, the empirical situation of the governance of science corresponds exactly to what global administrative lawyers... domestic administrative (legal) systems2 Sabino Cassese, one of the most influential proponents of the idea of global administrative law, goes so far even as to draw a parallel between the current debate and the emergence of administrative law as a domestic legal concept by authors such as Edouard de Laferrière and Otto Mayer3 At the same time, the related 1 Nico Krisch, The Pluralism of Global Administrative. .. seize the development of global administrative law and methodologically develop that there is a particular administrative legal field of science (below B.) Thirdly, we will identify freedom of science as the constitutional core of that legal field (below C.) Subsequently, we will comprehensively analyse actors and institutions (below D and E.) Finally, elements of a global administrative law of science . A. The Concept of Science I. Preliminaries Analysing the governance of science – whether at the domestic or global level – requires a concept of the. purposes 9 . Are all these issues outside the scope of action of the international community – are they beyond the reach of international law? They are not.