행정법의 세계화와 국제적 규제 협력(IRC) -미국의 EO 13609 시행 성과와 그 시사점을 중심으로-

The concept of the globalization of administrative law is inherently polysemous and has been the subject of diverse scholarly debate. It remains difficult to define the concept within a singular, unified framework. Nevertheless, it is increasingly untenable to explain the modern world solely through the lens of the classical territorial state. The so-called transnational effects of governance are growing stronger and more pervasive. In this context, globalization and the privatization of administration appear to have a mutually reinforcing relationship. Additionally, the global community faces a growing number of challenges— such as pandemics and environmental issues—that transcend the capacity of individual nation-states. Against this backdrop, the globalization of administrative law emerges as a necessary development. A particularly noteworthy initiative in this regard is the United States’ sustained effort since the 1990s to expand international regulatory cooperation (IRC). Executive Order 13609, which has been in force since 2012, represents a meaningful milestone in promoting IRC. Although the measurable impact of EO 13609 may seem limited in quantitative terms, it nonetheless plays an important role in fostering global regulatory cooperation from a long-term and macro-level perspective. As a global leader in political and economic spheres, the United States, through EO 13609, continues to engage in practical, horizontal, and pluralistic regulatory collaboration with other nations. This interaction is a concrete manifestation of the globalization of administrative law and is gradually expanding in its practical scope. However, EO 13609, as an executive order, is inherently limited in its normative authority. To fully realize its intended goals and strengthen IRC, it would be desirable to elevate its legal foundation to a higher normative level, thereby enhancing its binding force. Moreover, considering the horizontal nature of international cooperation between states, there is a critical need to ensure procedural efficiency and transparency. The reinforcement of human and institutional resources dedicated to IRC should also be actively considered. The implementation and outcomes of EO 13609 offer valuable insights into the globalization of administrative law and may serve as a meaningful reference point for South Korea in promoting international regulatory cooperation and developing its own regulatory strategies.