Full Description
The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes.
Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.
Contents
Chapter I. Introduction - Municipal law in international disputes
A. International law as a self-contained legal system
B. International legal disputes and their adjudication
C. The limits of hermeticism
D. Municipal law in international law: pooling, referral and nesting
E. Summary: the interpenetration of international and municipal law
Chapter II. Municipal law and general international law
A. Pooling
B. Referral in state consent
C. Nesting as implicit referral
D. Deference to municipal lawmakers
E. Summary
Chapter III. Municipal law in practice: jurisdiction of international dispute settlement bodies
A. Jurisdiction and third-party dispute settlement
B. International dispute settlement in national courts: pooling
C. Municipal law and international jurisdiction: referral
D. Municipal law and international jurisdiction: nesting
E. Summary
Chapter IV. Municipal law in practice: rights and duties under international law
A. Pooling and the rights of persons
B. Referral
C. Nesting
D. Summary
Chapter V. The future of municipal law in international disputes
A. The challenge of relevance and the value of braiding
B. Pluralism and the rule of law: threat to legitimacy?
C. Veto points as threats to effectiveness
D. Static versus dynamic international law
E. Conclusion
Bibliography
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