Duelling for Supremacy

£29.99

Duelling for Supremacy

International Law vs. National Fundamental Principles

Systems of law Comparative law International law Public international law International law: international disputes and civil procedure International law: courts and procedures Legal systems: general Constitutional and administrative law: general Local government law

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Language: English

Published by: Cambridge University Press

Published on: 16th May 2019

Format: LCP-protected ePub

Size: 4 Mb

ISBN: 9781108678759


International Law and State Sovereignty

It is a settled rule of international law that a State may not rely on the provisions of its internal law as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State's inclination to retain full sovereignty seems to act as an unbreakable counter-limit to the limitations deriving from international law.

This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.

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