Week 2B: Regulatory Levels Flashcards
List the levels of Regulation
-Local/regional
-National
-Supranational
-Global
TRUE or FALSE: if a problem is found on a cert. level, then the response/ solution should come from the same level
-TRUE
TRUE or FALSE: the GRO. gov. forced people to be quiet in Schildersbuurt
-FALSE
-Schildersbuurt campaign was soft law
TRUE or FALSE: due to dens pop + huge agricultural sector, the disp. of nitrogen in the Netherlands is national problem which requires nat. solutions
-TRUE
Explain what “too big too fail” means
-becuase certain industr. actors so big + vital to industry (e.g: banks)
-need. to be saved
On what level of regulation does the Basel Committee on Banking Supervision(BCBS) exist ?
-global
Explain why the Basel Committee on Banking Supervision existed on the reg. level it existed on?
-GLOBAL level
-because third party effects. of GFC felt everywhere
On what level does the Fairtrade initative exist?
-global
-but also quite supranational
-mainly EU
Explain what regulatory level the UN Guiding Principles in Business and Human Rights exist
-Global
TRUE or FALSE: the EU corporate sustainability Due Diligence Directive is a form of a supranational-level hard law instruments
-TRUE
-includes civil liabiltiy and administrative sanctions
Explain the weaknesses of the UN Guiding Principles in Business and Human Rights
-broad resp.
-no eff. enforc. mechanism
-softie law
-diff. to monitor whether the obligations are fulfilled
Define Global Administrative Law
- principles and rules appl. to processes of admin.
-imp. actors outside of national state structures
-which studies the interaction between GLOBAL, national and regional/local
-pub. + priv. actors in the pursu. of
-pub. goals
TRUE or FALSE: GAL involves the exercise of international public authority
- depends on who you ask, for some yes, but others:
-j law of glob. governance (with no intl. public authority)
TRUE or FALSE: global administrative law is not only administrative
-For some yes (S. Casesse)
-C: many const. + private law elem.
TRUE or FALSE: global adm. law is not only global
TRUE, for some
-C: many nat. + regional:
-actors + rules
TRUE or FALSE GAD does not use non-binding instruments
Depends who u ask
-C: includes many non-binding instruments
Explain why many believe sports law is a form of global administrative law
- intl + nat. institutional network
-inv. both:
-pub
-priv
-actors
-Olympic charter:
-priv.
-glob
- nat. public authorities of host country:
-pub.
-nat.
-Authori. oversee adm. tasks
-e.g: World Anti-Doping Agency
-Quasi judicial bodies
-e.g: Court of Arbitration for Sport (CAS)
Give examples of the multi level, priv-pub nature of sports law
Olympic charter:
-priv.
-glob
-nat. public authorities of host country:
-pub.
-nat.
Does GAL have a foundational legal role?Explain your answer
-Yes, to limited extent
-probs sets some values
-but:
-no sing. homogenous community based on shared values
-no demo. legitimate supranational institu.
-sec.-specificity and frag.
List the critics against GAL
1) Fragm. + lack of cohe. in global regul.
2) ineffect. due to non-bind. nature
3) lack of legitimacy and account.
NB: ask how you can define GAD
NB: look at whether WHO is part of glob. adm. law + further define global adm law
Explan what the basel committee is
-Primary global standard setting body
-for reg. of banks
-avoid financial crises (think Too Big to Fail)
Explain the UN Guiding Principles in Business and Human rights
-HR responsibilities for governments and companies
1) Governments must pass laws that implement human rights, and make
sure they are implemented
● 2) Businesses have to refrain from violating human rights, wherever or
however they operate
● 3) Businesses must make sure that in cases of human rights violations,
victims must be able to file a complaint & it must be investigated and
settled
To what extent does global administrative law play an instrumental role?
-To a large extent
-shapes societal behaviour (e.g: no doping)
To what extent does global administrative law play a foundational role?
-Very little
-no uniform system
0no uniform values
