Paradise of territoriality lost: rethinking extraterritoriality in administrative law

Traditionally, the scholarship of administrative law has paid only very limitedattention to the phaenomenon of extraterritoriality. Hereby, the scholarship has reflected thetheoretical considerations concerning the sovereignty of the State, which have implied thatadministrative authorities execute their functions exclusively in the territory of the State. Atthe same time, the scholarship of international public law has traditionally acknowledgedthat – as based on a corresponding international agreement – a State may allow theadministrative authorities of a foreign State to execute certain functions in its own territory.This article aims to reconcile these two approaches, demonstrating that the phaenomenon ofextraterritoriality has emerged to represent an integral part of the system of administrativelaw in various jurisdictions. This article also argues that this perception of administrativelaw actually fails to represent any new feature, but is based on traditional concepts existingin the public law of Europe. Thus, extraterritoriality must be considered as a part of the iuspublicum europaeum commune.