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New Perspectives on the Divide Between National and International Law$
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Janne E. Nijman and André Nollkaemper

Print publication date: 2007

Print ISBN-13: 9780199231942

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199231942.001.0001

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The Emergence of the International Community and the Divide Between International and Domestic Law

The Emergence of the International Community and the Divide Between International and Domestic Law

Chapter:
(p.216) 9 The Emergence of the International Community and the Divide Between International and Domestic Law
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Andreas L Paulus

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0010

This chapter explores the extent to which modern recognition of an ‘ international community’ influences the relationship between international and national law. It shows that domestic courts do not regard the ‘international community’ as a repository of moral values or laws superior to their own. International law, as the law of the international community, will be regarded as formal authority only in the instance domestic law renders it binding for the court in question. Domestic law, not international law continues to determine the breadth of the influence of international law in the domestic legal order. International community values may however inform the understanding of principles and values enshrined in domestic law. In this respect, the ‘international community’ is not regarded as a higher authority, but as one of several influences that weigh on the decision of an actual case, and often not the controlling one.

Keywords:   international community, states, legal order, international law, national law, human rights, legal pluralism, domestic courts

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