CYIL Vol. 7, 2016

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.

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