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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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Deterritorialization in International Law: Moving Away from the Divide Between National and International Law

Deterritorialization in International Law: Moving Away from the Divide Between National and International Law

Chapter:
(p.84) 4 Deterritorialization in International Law: Moving Away from the Divide Between National and International Law
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Catherine Brölmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0005

This chapter examines how the process of deterritorialization of international law, in which territoriality increasingly gives way to functionality as a dominant organizing principle, affects the relationship between international law and national law. It argues that alongside the territorially bound authority of the State, other normative regimes have come into existence. Although these may act out on state territory, they flow from an independent normative source and ultimately circumvent rather than ‘pierce’ the sovereign veil of the State.

Keywords:   international law, national law, territoriality, normative regimes, state territory, sovereignty, legal globalization, non-state actors

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