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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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Beyond the Divide

Beyond the Divide

Chapter:
(p.341) 12 Beyond the Divide
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/9780199231942.003.0013

This chapter integrates the dominant lines of argument of the different chapters and suggest some directions in which the law and legal reasoning seem to be developing. It starts by identifying three trends that several chapters in this book have highlighted: the emergence of common values, the dispersion of authority and deformalization. It then discusses three fundamental questions that are raised by these developments and that determine our perspectives on the future development of the interaction between the international and the domestic sphere: the nature and limits of the concept of law itself, the role of normative argument, and the consequences thereof for the position of the domestic judge.

Keywords:   global legal pluralism, dispersion of authority, deformalization, fragmentation, domestic judiciary, common values, normative argument, monism, dualism, rule of law

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