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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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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Janne Nijman

André Nollkaemper (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0001

This introductory chapter begins with a discussion of the aims of the book, which is to contribute to the understanding of one of the most pressing issues of modern international law: the disconnection, or ‘divide’, between the international legal order, on the one hand, and the legal orders of over 190 sovereign states on the other. It then clarifies the ‘theoretical’ nature of the perspectives contained in the book. It briefly reviews the classic positions of monism and dualism. Understanding the context of the emergence of monism in response to 19th century dualism will provide an essential yardstick for assessing modern perspectives on the divide between international and domestic law. It also reviews current legal developments, which challenge the discipline of international law to rethink these old theories. An overview of the subsequent chapters is presented.

Keywords:   international law, legal order, monism, dualism, domestic law, sovereignty, globalization

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