Full Description
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?
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.
