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

Jakub Handrlica ()
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Jakub Handrlica: Associate Professor Ph.D., Law Faculty, Charles University, Czech Republic

Juridical Tribune - Review of Comparative and International Law, 2020, vol. 10, issue 3, 339-363

Abstract: 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.

Keywords: international administrative law; delimiting law; delimiting norms; choice-of-law rules; dualism; isolationism in law; ius commune. (search for similar items in EconPapers)
JEL-codes: K23 K32 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:10:y:2020:i:3:p:339-363

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