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The Challenge of Inter-Legality

Part of ASIL Studies in International Legal Theory

Jan Klabbers, Gianluigi Palombella, Friedrich Kratochwil, Sanne Taekema, Samantha Besson, Dimitry Kochenov, Laura Pineschi, Panos Koutrakos, Andras Sajó, Sergio Guiliano, Alberto di Martino, Edoardo Chiti, Poul Kjaer, Yuval Shany
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  • Date Published: May 2019
  • availability: Available
  • format: Hardback
  • isbn: 9781108425476

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  • The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary areas of inter-legality, the concept of jurisdiction, and normative developments prompted by inter-legality. Bringing together a wide range of contributors who stem from a variety of different academic backgrounds, this book aims to answer three questions: does inter-legality occur with some regularity? How does it affect traditional legal concepts such as 'jurisdiction' or 'legal order' or 'responsibility'? And what are the normative implications?

    • The first book-length treatment of inter-legality
    • Provides a comprehensive discussion, illuminating inter-legality from many angles
    • Brings together empirical and normative assessment
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    Product details

    • Date Published: May 2019
    • format: Hardback
    • isbn: 9781108425476
    • length: 444 pages
    • dimensions: 234 x 156 x 28 mm
    • weight: 0.76kg
    • contains: 1 map
    • availability: Available
  • Table of Contents

    1. Introduction: situating inter-legality Jan Klabbers and Gianluigi Palombella
    Part I. Opening the Field:
    2. 'Formats' of law and their intertwining Gianluigi Palombella
    3. Summum Ius, Summa Inuria: critical reflections on issues of responsibility, the legal form, inter-legality, and the limits of law Friedrich Kratochwil
    4. Between or beyond legal orders: questioning the concept of legal order Sanne Taekema
    Part II. Realities and Inter-legality Questions:
    5. Why and what (state) jurisdiction: legal pluralism, individual equality and territorial legitimacy Samantha Besson
    6. Inter-legality – citizenship – inter-citizenship Dimitry Kochenov
    7. Trade and inter-legality Antonello Tancredi
    8. Inter-legality and the protection of marine ecosystems Laura Pineschi
    9. Managing inter-legality: conceptualizing the EU's interactions with international investment law Panos Koutrakos
    10. The perils of complacency: the European human rights backlash Andras Sajó and Sergio Guiliano
    11. Inter-legality and criminal law Alberto di Martino
    Part III. Shaping Inter-Legality:
    12. Shaping inter-legality: the role of administrative law techniques and their implications Edoardo Chiti
    13. Global law as inter-contextuality and as inter-legality Poul Kjaer
    14. International courts as inter-legality hubs Yuval Shany
    15. Judging inter-legality Jan Klabbers
    16. Theory, realities and promises of inter-legality: a manifesto Gianluigi Palombella
    Bibliography
    Index.

  • Editors

    Jan Klabbers, University of Helsinki
    Jan Klabbers is Professor of International Law at the University of Helsinki, Finland.

    Gianluigi Palombella, Sant’Anna School of Advanced Studies, Pisa
    Gianluigi Palombella is Professor of Law and Applied Legal Theory at the Sant'Anna School of Advanced Studies, University of Pisa.

    Contributors

    Jan Klabbers, Gianluigi Palombella, Friedrich Kratochwil, Sanne Taekema, Samantha Besson, Dimitry Kochenov, Laura Pineschi, Panos Koutrakos, Andras Sajó, Sergio Guiliano, Alberto di Martino, Edoardo Chiti, Poul Kjaer, Yuval Shany

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