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Contribution to Book
A toolbox for administrative law cooperation beyond the state
Administrative law beyond the state - Nordic perspectives (2013)
  • Henrik Wenander, Lund University
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.

Publication Date
2013
Editor
Anna-Sara Lind, Jane Reichel
Publisher
Liber - Martinus Nijhoff Publishers
ISBN
978-9004-26502-8
Citation Information
Henrik Wenander. "A toolbox for administrative law cooperation beyond the state" Administrative law beyond the state - Nordic perspectives (2013)
Available at: http://works.bepress.com/henrik_wenander/8/