The overcoming of territorial paradigm and its effects in Administrative Law. Normative Basis of Transnational Administrative Law

Abstract

Abstract: Administrative Law is increasingly tackling with legal phenomena that can be named as «transnational». This denomination is due to the fact that cannot be embraced entirely by State Administrative Law. In this paper we approach the analysis of these legal phenomena from the perspective of the territoriality principle. The objective of this paper is to show the effects of the incompatibility of a legal phenomenon inherent to globalization, with the paradigm of the territoriality of Administrative Law and its statutory conception as State law. The study begins with an exposition on the relevance of the territoriality principle in the State General Theory and in the Legal Theory; for this reason, we analyze the relevance of the territory as the basis and limit of public power, but also in the relations other legal orders. Then the study deals with the current context of fragmentation and legal pluralism to show a legal reality that undermines the explanatory capacity of the territoriality principle. The verification of the overcoming of the territorial paradigm of Administrative Law causes the need to face the consequences of this transforming legal reality. The paper shows to what extent the deterritorialization of law has direct implications not only in the relations between legal orders, but also in the «summa divisio» and in the traditional authoritarian characterization of Administrative Law. These changes open the scene to a non-statist legal regime, based on relations between legal orders and focused on dynamic legal relations.

Keywords

• principio de territorialidad
• relaciones interordinamentales
• conflictos de normas
• relaciones jurídico-administrativas
• derecho administrativo transnacional
• territoriality principle
• relations between legal orders
• conflicts of law
• administrative legal