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New Perspectives on the Divide Between National and International Law

Janne E. Nijman and André Nollkaemper

Abstract

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 globalization and internationalization have made this relationship much more complex. Legal authority has shifted away from the state in both vertic ... More

Keywords: international law, national law, monism, dualism, sovereignty, domestic courts, legal theory, legal globalization, constitutionalism

Bibliographic Information

Print publication date: 2007 Print ISBN-13: 9780199231942
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199231942.001.0001

Authors

Affiliations are at time of print publication.

Janne E. Nijman, editor
Assistant Professor of International Law, University of Amsterdam

André Nollkaemper, editor
Professor of Public International Law, University of Amsterdam
Author Webpage