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Burnt by the sun of international administrative law. A sketch of a legal chameleon

Publication at Faculty of Law |
2021

Abstract

In 1906, D. Donati presented his thesis on existence of two particularsubdisciplines of public law: administrative international law (dirittointernazionale amministrativo) and international administrative law (dirittoamministrativo internazionale).

Here, D. Donati followed a dualistic approach,arguing for a strict distinction between public international law and municipallaw.

So, he understood administrative international law as an integral part ofpublic international law and international administrative law as an integral partof municipal law. This article aims to address the reception of Donatiʼs thesison existence of international administrative law (diritto amministrativointernazionale) in the subsequent scholarship of public law.

It argues that whilethe term itself has been used in various jurisdictions for several decades, thescholarship has never reached any common understanding on whatinternational administrative law actually is and where it belongs. Consequently,several different understandings if the term "international administrative law"have emerged in various jurisdictions.

This article argues that absence of thiscommon understanding is not given by differences in legal problems, but ratherhas been a product of an isolationistic approach of scholarship to this field of law,which hasn't provided for a common understanding of this academicdiscipline. Further, this article also argues that despite a common position, theemergence of this branch of law in various jurisdictions demonstrates thatinternational administrative law represents a part of an ius publicum europaeum.