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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 Future of International Law is Domestic (or, The European Way of Law)

The Future of International Law is Domestic (or, The European Way of Law)

Chapter:
(p.110) 5 The Future of International Law is Domestic (or, The European Way of Law)
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Anne-Marie Slaughter

William Burke-White

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0006

This chapter begins by identifying a new set of global threats and actual and potential responses, including the EU's use of law to transform new members ‘from the inside-out’. It argues that the future relevance, power, and potential of international law lie in its ability to backstop, strengthen, and compel domestic law and institutions. The chapter then examines the potential pitfalls and dangers of these new functions of international law. Finally, it contrasts its analysis with other recent efforts to blur the boundaries between the international and domestic spheres, noting that what is distinctive about our claim is not the intermingling of two kinds of law, but rather the impact of international law on domestic politics and vice versa.

Keywords:   EU, national law, international law, domestic politics, European law, sovereignty, domestic institutions

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