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JAKUB HANDRLICA
CYIL 7 ȍ2016Ȏ
Conclusions
14. For decades following the publishing of the
Neumeyer’s
monumental work
on “International Administrative Law”
,
the issues of transterritorial decision making
remained beyond the mainstream interest of both the sciences of administrative and
international law. Since then many authors described the science of “international
administrative law” as a sort of a “stillborn child”.
85
However, taking most current
developments into regard, we must consider
Neumeyer’s
work as a rather prophetic
one. Indeed, the visionary
Karl Neumeyer
identified several administrative measures
which were decades later imported into applicable legislation and most recently have
become a subject of interest for the science of administrative law.
86
15. Unlike
Donato Donatti
and
Giuseppe Biscottini, Karl Neumeyer
never considered
“international administrative law” to be part of the “international law”.
87
While
agreeing with this fact, sources of international public law provide for some sort
of provision being relevant to the subject,
Neumeyer
argued for an “international
administrative law” as a part of domestic administrative law. Also this approach was
a prophetic one. Taking the most recent developments - in particular in the area
of the EU law – into regard, we can conclude that national administrative law is
being enriched by a myriad of various new transterritorial forms of co-operation and
decision making models. Many of them do have their counterpart in the agreements
concluded under public international law.
88
16. In 1936
Karl Neumeyer
identified several prospective models of transterritorial
decisionmaking. Most recently, all thesemodels find gradually wider acceptance in the
provisions of the EU (administrative) law. Consequently, due to direct applicability
of these provisions, transterritorial models of decision making has gradually come to
represent an integral part of national decision making models. However, a number
of open questions regarding these models still remain, creating a fertile ground for
further development of the science of international administrative law.
85
MATSCHER, F.
Gibt es ein internationales Verwaltungsrecht?
, in: SANDROCK, O.
(ed.)
Festschrift für
Günther Beitzke
, De Gruyter, Berlin, 1979, pp. 641
et seq
.
86
BREINING-KAUFMANN, C.
Internationales Verwaltungsrecht
, Zeitschrift für schweizerisches Recht,
2006, pp. 12
et seq
.
87
NEUMEYER, K.
Internationales Verwaltungsrecht, Vierter Band: Allgemeiner Teil,
Verlag für Recht und
Gesellschaft AG, Zurich, 1936, pp. 104
et seq.
and pp. 436
et seq.
88
MÖLLERS, C., TERHECHTE, J.
Europäisches Verwaltungsrecht und Internationales Verwaltungsrecht
,
in: TERHECHTE, J.
(ed.)
Verwaltungsrecht der Europäischen Union
, Nomos Verlag, Baden Baden,
2011, pp. 1437
et seq.