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

Author

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  • Jakub Handrlica

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

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.

Suggested Citation

  • Jakub Handrlica, 2020. "About the international administrative law and other demons. A venture in a “delimiting lawâ€," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(3), pages 339-363, December.
  • Handle: RePEc:asr:journl:v:10:y:2020:i:3:p:339-363
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    More about this item

    Keywords

    international administrative law; delimiting law; delimiting norms; choice-of-law rules; dualism; isolationism in law; ius commune.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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