New Perspectives on the Divide Between National and International Law

Hardcover | November 5, 2007

EditorAndre Nollkaemper, Janne E. Nijman

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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 handThe 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 hasshifted 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 aninternationalized 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.

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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 handThe traditional and dominant understanding of this relationship is that ther...

Andre Nollkaemper is Professor of Public International Law, University of Amsterdam, and Managing Editor of Oxford's new International Law in Domestic Courts online case reporting service. Janne E. Nijman is Assistant Professor of International Law, University of Amsterdam

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Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 1.1 inPublished:November 5, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019923194X

ISBN - 13:9780199231942

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Table of Contents

PrefaceList of ContributorsIntroduction1. G. Arangio-Ruiz: International Law and Inter-individual Law2. G. Gaja: Dualism - A Review3. P. Allott: The Emerging Universal Legal System4. C. Brolmann: Deterritorialization in International Law: Moving Away from the Divide Between National and International Law5. A-M. Slaughter and 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 Law7. M. Moran: Shifting Boundaries: The Authority of International Law8. C. Walter: International Law in a Process of Constitutionalization9. A. Paulus: The Emergence of the International Community and the Divide Between International and Domestic Law10. A. Peters: The Globalization of State Constitutions11. L. du Plessis: International Law and the Evolution of (Domestic) Human-Rights Law In Post-1994 South Africa12. J. Nijman and A. Nollkaemper: Beyond the DivideIndex