Title: New perspectives on the divide between national and international law /
Authors: Nollkaemper, André.; Nijman, Janne E. 1972-
Publisher: Oxford University Press,
Year: 2007
Subjects: International and municipal law.
Abstract: This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.
Contents: International law and interindividual law -- Dualism: a review -- The emerging universal legal system -- Deterritorialization in international law: moving away from the divide between national and international law -- The future of international law is domestic (or, the European way of law) -- Monism and dualism: the impact of private authority on the dichotomy between national and international law -- Shifting boundaries: the authority of international law -- International law in a process of constitutionalization -- The emergence of the international community and the divide between international and domestic law -- The globalization of state constitutions -- International law and the evolution of (domestic) human-rights law in post-1994 South Africa -- Beyond the divide.