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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 August 2021

Shifting Boundaries: The Authority of International Law 1

Shifting Boundaries: The Authority of International Law 1

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

Mayo Moran

Oxford University Press

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

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