Decentralized Administrative Law in the Organization for Economic Cooperation and Development

When one thinks of international organizations whose administrative processes legal scholars should understand, the European Union and the World Trade Organization come to mind without a moment’s hesitation. A bit later, perhaps, one might also come up with the Montreal Protocol secretariat, Codex Alimentarius, or the International Organization for Standardization. It will probably take a good while before the Organization for Economic Cooperation and Development (OECD) comes to mind. In some respects this is hardly surprising, for the OECD is neither a well-known nor well-studied international organization (and is certainly not known as a lawmaking institution). Located in Paris and best known for its research reports, the OECD has a “secret life” that goes well beyond that of policy analysis. Indeed, a number of its activities influence domestic agency action far more than is generally realized. The OECD provides a wonderful example for the study of global administrative law for the simple reason that it is a hybrid organization. Through its many diverse activities, the OECD shares characteristics with primarily lawmaking international bodies, such as the European Union, primarily standardsetting bodies, such as the World Health Organization, and primarily data gathering and research organizations, such as the U.N. Conference on Trade and Development. Perhaps surprisingly, there is no uniform administrative law in the OECD. In managing this constellation of activities, the OECD has chosen largely to decentralize its administrative law down to subject-specific director-