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Vol 21 No 3 March/April 2016

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The Shifting Allocation of Authority in International Law: Considering Sovereignty, Supremacy and Subsidiarity

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Edited by: Tomer Broude, Yuval Shany

ISBN13: 9781841137971
Published: June 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



Despatched in 6 to 8 days.

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world.

In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity.

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
To be published March 2017
Hart Publishing
£60.00
Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
To be published September 2016
Hart Publishing
£55.00
Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
To be published July 2016
Hart Publishing
£60.00
Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
To be published June 2016
Hart Publishing
£55.00
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published May 2016
Hart Publishing
£60.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published May 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Diplomatic Interference and the Law ISBN 9781849464369
Published April 2016
Hart Publishing
£70.00
£54.16 + £10.83 VAT
(ePub)
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published April 2016
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
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Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£95.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£24.99
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£63.00
£62.49 + £12.50 VAT
(ePub)
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
Hart Publishing
£63.00
An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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£35.00
£29.16 + £5.83 VAT
(ePub)
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£65.00
Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£80.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£58.00
£45.82 + £9.17 VAT
(ePub)
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£68.00
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£85.00
£63.00
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£70.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£50.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£65.00
Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£27.99
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£23.32 + £4.67 VAT
(ePub)
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Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£29.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£73.00
£80.00
£75.00
£58.00
Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£50.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£70.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£45.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£50.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£74.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£80.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£79.00
£113.00
£35.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£40.00
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£63.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£88.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£48.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£78.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£63.00