Jump to ContentJump to Main Navigation
New Perspectives on the Divide Between National and International Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 November 2019

Shifting Boundaries: The Authority of International Law 1

Shifting Boundaries: The Authority of International Law 1

Chapter:
(p.163) 7 Shifting Boundaries: The Authority of International Law1
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Mayo Moran

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0008

This chapter discusses the emergence and consequences of the notion of the influential authority of international law. It argues that much of our thinking on the relationship between international and domestic legal orders is erroneously based on the bindingness of international law. Whereas that standard account may leave little room for breaking out of an essentially dualistic paradigm, a more substance-based conception of international law allows for a richer account of the relevance of international norms in domestic settings and indeed makes formal separations between legal orders largely irrelevant.

Keywords:   domestic legal order, international legal order, dualism, international norms, persuasive authority, constitutionalism, common values, domestic courts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .