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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 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 andenforce 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.
This book investigates the evolving and increasingly complex relationship between international legal orders and the domestic legal systems of sovereign states. The author examines how traditional concepts of strict separation between these spheres are being challenged by globalization, internationalization, and the shifting of legal authority. By presenting a collection of complementary and competing perspectives, the work provides a framework for analyzing how interdependence forces states to integrate international oversight into their internal legislative and enforcement processes.
What You Will Find
Scope Limits
Experts identify this work as a valuable contribution to legal theory, particularly for those studying the erosion of traditional state sovereignty. Readers frequently note the academic density of the prose, making it most suitable for scholars and practitioners of international law.
Page Count:
403
Publication Date:
2014-05-14
Publisher:
Oxford University Press, USA
ISBN-10:
019156656X
ISBN-13:
9780191566561
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