Details
- 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
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.
Readership: Academics, scholars, and advanced students of public international law, legal theory, and comparative legal systems
Preface
List of Contributors
Introduction
1: G. Arangio-Ruiz: International Law and Inter-individual Law
2: G. Gaja: Dualism - A Review
3: P. Allott: The Emerging Universal Legal System
4: C. Brölmann: Deterritorialization in International Law: Moving Away from the Divide Between National and International Law
5: A-M. Slaughter & B. Burke-White: The Future of International Law is Domestic (or, The European Way of Law)
6: C. Chinkin: Monism and Dualism: the Impact of Private Authority on the Dichotomy Between National and International Law
7: M. Moran: Shifting Boundaries: The Authority of International Law
8: C. Walter: International Law in a Process of Constitutionalization
9: A. Paulus: The Emergence of the International Community and the Divide Between International and Domestic Law
10: A. Peters: The Globalization of State Constitutions
11: L. du Plessis: International Law and the Evolution of (Domestic) Human-Rights Law In Post-1994 South Africa
12: J. Nijman & A. Nollkaemper: Beyond the Divide
Index
Janne E. Nijman, Assistant Professor of International Law, University of Amsterdam, and Edited by Nollkaemper André s ed , Professor of Public International Law, University of Amsterdam
Contributors:
G. Arangio-Ruiz
G. Gaja
P. Allott
C. Brölmann
A-M. Slaughter
W. Burke-White
C. Chinkin
M. Moran
C. Walter
A. Paulus
A. Peters
L. du Plessis
A. Nollkaemper
J. Nijman
"The book...ranks among the fundamental literature on the subject-matter, and makes the book a revealing and instructive reading for students and scholars alike." - Mateja Steinbruck Platise, Heidelberg Journal of International Law 69, 2009
