Negotiating State and Non-State Law

£114.00

Negotiating State and Non-State Law

The Challenge of Global and Local Legal Pluralism

Law Jurisprudence and general issues Comparative law Public international law

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Collection: ASIL Studies in International Legal Theory

Language: English

Published by: Cambridge University Press

Published on: 2nd July 2015

Format: LCP-protected ePub

Size: 1 Mb

ISBN: 9781316028131


Non-state law and its increasing role

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs.

The contrasting categories of non-state law

The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law.

The evolving relationship between state and non-state law

As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

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