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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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Is Leviathan Still Holding Sway over International Dealings?

Is Leviathan Still Holding Sway over International Dealings?

(p.14) 2 Is Leviathan Still Holding Sway over International Dealings?
Realizing Utopia

Antonio Cassese

Luigi Condorelli

Oxford University Press

According to many commentators, the state is in crisis because it is undergoing a downright expropriation of the main prerogatives and functions associated with it, to the benefit of international agencies and organizations, on the one hand, and the business world, on the other. Regarding the latter, it is pointed out in particular that it increasingly escapes the grasp of ‘state-centric’ law — whether national or international — and ultimately operates under the exclusive dominion of the rules it gives itself: private law made by private persons, in the logic of ‘leges mercatoriae’ (or the like). This chapter first considers the evolution of international law, and then the autonomy of private economic power, as contributory causes of the alleged crisis of the state.

Keywords:   crisis of the state, international law, private economic power, autonomy

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