<i>‘This timely book explores the dynamic relationship between international and national legal orders, using it as a prism to assess global changes like multipolarity. Expert chapters discuss how such changes impact on national orders and, vice versa, how national practices in relation to international law shape such changes. Written by a diverse group of experts, the chapters make an excellent contribution to the field.’</i>

- André Nollkaemper, University of Amsterdam, the Netherlands,

<i>‘This superb Handbook manages the difficult feat of providing fresh insights into the complex and contested relationships between international and domestic legal systems. The chapters skillfully integrate theoretical and doctrinal perspectives and, read together, greatly enrich our understandings of rapidly changing interactions among national, regional, and multilateral legal orders.’</i>

- Jeffrey Dunoff, Temple University, US,

This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.The Research Handbook on International Law and Domestic Legal Systems is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.
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This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.
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Contents Preface xiv 1 Introduction: the domestic and the international in context 1 Felix Lange, Helmut Philipp Aust and Heike Krieger PART I IDEAS 2 Domestic politics and international relations 20 Andrew Hurrell 3 The ‘domestic’ and ‘international’: a brief conceptual history 37 Martin Clark 4 Domestic law and ‘civilized states’: the general principles of law revisited 57 Imogen Saunders and Ntina Tzouvala 5 Demands of the international on the domestic 78 Jure Vidmar 6 From domestic law to international law: the acceptance of domestic legal rules between deference and autonomy 99 Paolo Palchetti 7 Analogizing the intersection of international law and domestic law: the European and American experience 114 Russell A. Miller PART II TECHNIQUES 8 International law-making: domestic channels to express consent to be bound 143 Thomas Kleinlein 9 International and national law: who has the last word? 166 Geir Ulfstein 10 International human rights and constitutional protections – towards a presumption of compatibility 182 Tamar Hostovsky Brandes 11 Undermining, resisting or developing international law? Domestic deviations from international law 200 Apollin Koagne Zouapet 12 The expansion of constitutional protections through international law 219 Praggya Surana 13 Conventionality control in the Inter-American system of human rights and its reception in the Peruvian legal order 239 Natalia Torres Zúñiga PART III PERSPECTIVES 14 Looking behind the façade of monism, dualism and pluralism 262 Dana Burchardt 15 International law and domestic law – a conflict of laws? 280 Ralf Michaels 16 Past and future of sovereign statehood 306 Andreas Paulus 17 International law and populist critique 333 Paul Blokker 18 Domestic governance as critique of international law: Beijing’s ‘SDG authoritarianism’ and the contested future of human rights 352 Ryan Martínez Mitchell 19 International law in domestic legal systems and the future of universality 375 Congyan Cai 20 Cooperation and conflict: diverging trends in the relationship between international and domestic law 397 Heike Krieger, Felix Lange and Helmut Philipp Aust
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Produktdetaljer

ISBN
9781800373150
Publisert
2024-10-08
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
436

Biographical note

Edited by Helmut Philipp Aust, Professor of Public and International Law, Freie Universität Berlin, Germany, Heike Krieger, Professor of Public and International Law, Freie Universität Berlin, Chair Berlin Potsdam Research Group ‘The International Rule of Law- Rise or Decline?’ and Felix Lange, Professor of Public Law, International and European Law, University of Cologne, Germany