New Perspectives on the Divide Between National and International Law

Front Cover
André Nollkaemper, Janne Elisabeth Nijman
Oxford University Press, 2007 - Law - 380 pages
0 Reviews
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.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Introduction
1
1 International Law and Interindividual Law
15
2 Dualisma Review
52
3 The Emerging Universal Legal System
63
Moving Away from the Divide Between National and International Law
84
5 The Future of International Law is Domestic or The European Way of Law
110
The Impact of Private Authority on the Dichotomy Between National and International Law
134
The Authority of International Law
163
8 International Law in a Process of Constitutionalization
191
9 The Emergence of the International Community and the Divide Between International and Domestic Law
216
10 The Globalization of State Constitutions
251
11 International Law and the Evolution of domestic HumanRights Law in Post1994 South Africa
309
12 Beyond the Divide
341
Index
361
Copyright

Other editions - View all

Common terms and phrases

About the author (2007)


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. Nijmann is Assistant Professor of International Law, University of Amsterdam

Bibliographic information