Striving for Coherence: Exploring the Complexities of International Administrative Law
Striving for Coherence: Exploring the Complexities of International Administrative Law

Author(s): Alexandru Bostan
Subject(s): Law, Constitution, Jurisprudence, International Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: international administrative law; administrative international law; international governance, international institutional law;
Summary/Abstract: This study endeavours to clear up the terminological ambiguities prevalent within the realm of international administrative law (IAL). It traces the evolutionary trajectory of IAL, discerning its development under the influence of diverse doctrinal perspectives and highlights the challenges associated with use ambiguous terms within the jurisprudence of international administrative tribunals. The paper advocates for a departure from the dualistic terminology, exemplified by the juxtaposition of ‘international administrative law’ and ‘administrative international law’ (as observed in Romanian terminology such as ‘drept administrativ internațional’ and ‘drept internațional administrativ’, alongside consonant terms in Italian or French), in favour of a more precisely delineated lexicon. It emphasis the imperative need for clearer definitions and argues for the use of ‘international institutional law’ to accurately reflect the scope of regulations governing international organisations or their administrative structures. Additionally, it advocates for the use of ‘law of the international civil service’ as an apt descriptor for the relationships within international organisational personnel. Furthermore, the paper addresses the absence of a well-defined framework for the ‘principles of international administrative law’, used in some international administrative tribunals case law, underscoring the importance of clarity and coherence in legal terminology and doctrine.

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