Almost 125 years ago, Karl Neumeyer approached the scientific council of the Munich University with his ‘habilitation’ lecture, which included a provocative thesis – ‘International administrative law represents a newly emerging branch of international private law’. While international private law governs cases where foreign law is to be applied in relations of private law, Neumeyer argued that a similar system of foreign law application must also be built up in administrative law. Thus, international administrative law, as understood by Neumeyer, is a purely domestic branch of law. The term ‘international’ refers to a foreign element, which is to be addressed by a particular norm of administrative law. Such a norm either calls for a direct application of foreign law or an indirect application – those are the cases of recognition of foreign acts.

While international private law has established itself as an integral part of research and teaching curricula at law schools in Europe and beyond, international administrative law remains in limbo of obscurity. Neumeyer himself developed a basic theoretical scheme for this field of public law, which was, however, strictly connected to German legislation. Some decades later, Giuseppe Biscottini made a similar attempt in Italy. Some German handbooks of administrative law contain a brief chapter on international administrative law. However, lectures in international administrative law are, in principle, absent in the curricula of most law faculties. There are no LL.M. courses in this field of law or summer schools on international administrative law.

In this dialogue, the following issues will be addressed:

  1. Why has international administrative law never gained the position international private law has in legal research and education?
  2. International administrative law, as developed by Karl Neumeyer, has been understood as a legal system that addresses foreign elements in administrative law. Is this concept still viable, or does it need an upgrade?
  3. Today, one refers to both international private law and the EU’s international private law. Can we, in the same vein, speak about EU international administrative law?