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New Perspectives on the Divide Between National and International Law

ISBN13: 9780199231942
Published: October 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00

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This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand

The traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed international bodies to oversee and sometimes even implement and enforce domestic legislation. At the same time, private persons are more and more drawn into an internationalized order. Increasing cross-border flows of services, goods and capital, mobility, and communication have further undermined any stable notion of what is national and what is international.

This book offers several partly complementary and partly competing perspectives that allow us understand and make sense of the complex interaction between the international and domestic sphere.

  • Highly topical examination of one of the most pressing concerns of international legal theory today
  • Contains contributions from a range of renowned international legal theorists offering both complementary and competing analyses
  • Comparative examples illustrate the theory throughout, and how it has been applied in a variety of domestic contexts

Public International Law
1. International Law and Interindividual Law , G. Arangio-Ruiz
2. Dualism - a Review , G. Gaja
3. The Emerging Universal Legal System , G. Allott
4. Deterritorialisation in International Law: Moving Away from the Divide Between National and International Law , C. Brolmann
5. The Future of International Law is Domestic , A-M. Slaughter & B. Burke-White
6. Monism and Dualism: the Impact of Private Authority on the Dichotomy Between National and International Law , C. Chinkin
7. Shifting Boundaries , M. Moran
8. International Law in a Process of Constitutionalization , C. Walter
9. The Emergence of the International Community and the Divide Between International and Domestic Law , A. Paulus
10. The Globalisation of State Constitutions , A. Peters
11. International Law and the Evolution of (Domestic) Human-Rights Law In the Post-1994 South Africa , L. du Plessis
12. Conclusion and Outlook , A. Nollkaemper & J. Nijman ;