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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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The Emerging Universal Legal System

The Emerging Universal Legal System

(p.63) 3 The Emerging Universal Legal System
New Perspectives on the Divide Between National and International Law

Philip Allott

Oxford University Press

This chapter presents a perspective that is closer to legal philosophy than legal doctrine. It recognizes that in most States, as a matter of positive law, there is no unity and that international law is not supreme — a position with which a dualist author would not disagree. However, it argues that the trends of the internationalizing of the national, the nationalizing of the international, and the universalizing of value underlie the emergence of a universal legal system. It presents a theory of the universal legal system that postulates a legal system with international law at the apex, which would embrace the laws of all subordinate societies that would exist by virtue of and in accordance with international law. This theory thus has decidedly monistic aspects.

Keywords:   legal philosophy, international law, international society, theory of international law, supremacy of international law

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