About the international administrative law and other demons. A venture in a “delimiting law”

• Published in: Juridical tribune Vol. 10; no. 3; pp. 339 - 363
• Main Author: Jakub Handrlica
• Format: Journal Article
• Language: English
• Published: Bucharest University of Economic Studies 01-12-2020
• Subjects: choice-of-law rules; delimiting law; delimiting norm; dualism; international administrative law; isolationism in law; ius commune
• ISSN: 2247-7195; 2248-0382

In scholarship, it was argued for existence of an "international administrative law" (internationales Verwaltungsrecht, diritto amministrativo internazionale, droit administrative international) as a special branch of municipal administrative law. Under this understanding, international administrative law constitutes a special (sub)discipline, providing for norms governing administrative relations with a foreign element. However, this concept wasn’t overall accepted in the scholarship of administrative law and some authors have argued, international administrative law represents more a field of emerging study, than an established legal discipline. This article aims to discuss thorny issues of the concept and summarise dogmatic considerations, expressed vis-á-vis international administrative law in the scholarship. At the same time, this article aims to settle these dogmatical considerations and to present international administrative law as a “delimiting law”, constituting a part of both substantive and procedural administrative law. Lastly, this article argues, that the parallel emergence of international administrative law in several jurisdictions echoes existence of this field as a part of an (administrative) ius commune.