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A toolbox for administrative law cooperation beyond the state

Wenander, Henrik LU (2013) In Administrative law beyond the state - Nordic perspectives p.47-74
Abstract
The purpose of the article is to identify and look into the function of a number of means of legal international cooperation in administrative law. In this discussion on function, the roles and the interplay of the different tools are highlighted as striking a balance between international cooperation, national self-determination and individual rights. Within this theoretical framework, two main types of tools are discussed with examples from environmental law, transport law, and social security law. First, tools related to the establishment of administrative networks are dealt with. Here, international organisations as a framework for administrative cooperation and other network cooperation structures are highlighted. Second, tools... (More)
The purpose of the article is to identify and look into the function of a number of means of legal international cooperation in administrative law. In this discussion on function, the roles and the interplay of the different tools are highlighted as striking a balance between international cooperation, national self-determination and individual rights. Within this theoretical framework, two main types of tools are discussed with examples from environmental law, transport law, and social security law. First, tools related to the establishment of administrative networks are dealt with. Here, international organisations as a framework for administrative cooperation and other network cooperation structures are highlighted. Second, tools relating to an administrative conflict of laws perspective are treated. Here, situations of coordination, recognition of foreign decisions, harmonisation, and application of foreign law in the administrative field are explored. It is concluded that the use of the different tools make possible a balancing of the conflicting interests of international cooperation and national self-determination. Furthermore, in the legal fields treated in the article, it is difficult to see that administrative action entirely leaves the connection to the state. Rather, in the discussed examples, various structures of cooperation mean that national administrative bodies engage in international contacts as an important part of fulfilling their tasks in the national systems. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
förvaltningsrätt, administrative law, EU-rätt, EU law, folkrätt, public international law, internationell privaträtt, private international law, konstitutionell rätt, constitutional law, miljörätt, environmental law, offentlig rätt, public law, rättsvetenskap, law, socialrätt, social welfare law
in
Administrative law beyond the state - Nordic perspectives
editor
Lind, Anna-Sara and Reichel, Jane
pages
47 - 74
publisher
Liber
ISBN
978-9004-26502-8
language
English
LU publication?
yes
id
d9a7fc31-2b14-4baa-b100-3fc5e617f222 (old id 4215965)
date added to LUP
2013-12-19 11:21:56
date last changed
2016-04-16 10:06:02
@misc{d9a7fc31-2b14-4baa-b100-3fc5e617f222,
  abstract     = {The purpose of the article is to identify and look into the function of a number of means of legal international cooperation in administrative law. In this discussion on function, the roles and the interplay of the different tools are highlighted as striking a balance between international cooperation, national self-determination and individual rights. Within this theoretical framework, two main types of tools are discussed with examples from environmental law, transport law, and social security law. First, tools related to the establishment of administrative networks are dealt with. Here, international organisations as a framework for administrative cooperation and other network cooperation structures are highlighted. Second, tools relating to an administrative conflict of laws perspective are treated. Here, situations of coordination, recognition of foreign decisions, harmonisation, and application of foreign law in the administrative field are explored. It is concluded that the use of the different tools make possible a balancing of the conflicting interests of international cooperation and national self-determination. Furthermore, in the legal fields treated in the article, it is difficult to see that administrative action entirely leaves the connection to the state. Rather, in the discussed examples, various structures of cooperation mean that national administrative bodies engage in international contacts as an important part of fulfilling their tasks in the national systems.},
  author       = {Wenander, Henrik},
  editor       = {Lind, Anna-Sara and Reichel, Jane},
  isbn         = {978-9004-26502-8},
  keyword      = {förvaltningsrätt,administrative law,EU-rätt,EU law,folkrätt,public international law,internationell privaträtt,private international law,konstitutionell rätt,constitutional law,miljörätt,environmental law,offentlig rätt,public law,rättsvetenskap,law,socialrätt,social welfare law},
  language     = {eng},
  pages        = {47--74},
  publisher    = {ARRAY(0x8b7c7b8)},
  series       = {Administrative law beyond the state - Nordic perspectives},
  title        = {A toolbox for administrative law cooperation beyond the state},
  year         = {2013},
}