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The Shifting Allocation of Authority in International Law

Considering Sovereignty, Supremacy and Subsidiarity

Editor(s): Tomer Broude, Yuval Shany
Media of The Shifting Allocation of Authority in International Law
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Published: 13-06-2008
Format: Hardback
Edition: 1st
Extent: 429
ISBN: 9781841137971
Imprint: Hart Publishing
Series: Studies in International Law
Dimensions: 234 x 156 mm
RRP : £90.00

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Loren Epson

About The Shifting Allocation of Authority in International Law

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world.

In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity.

This volume will be of great interest to scholars and practitioners of international law alike.

Table Of Contents

I - The Structures of International Law

1. The Centripede and the Centrifuge: Principles for the Centralisation and Decentralisation of Governance
Thomas M Franck

2. On the Causes of Uncertainty and Volatility in International Law
W Michael Reisman

3. Structural Paradigms of International Law
Dirk Pulkowski

4. Subsidiarity as a Method of Policy Centralisation
Gareth Davies

5. Fragmentation(s) of International Law: On Normative Integration as Authority Allocation
Tomer Broude

II - International Authority and the State

6. State Sovereignty, International Legality and Moral Disagreement
Brad R Roth

7. Democracy without Sovereignty: The Global Vocation of Political Ethics
Robert L Howse and Kalypso Nicolaidis

8. Subsidiarity, Fragmentation and Democracy: Towards the Demise of General International Law?
Andreas L Paulus

III - Allocation of Authority among Judicial Bodies

9. Towards a Solange-Method between International Courts and Tribunals?
Nikolaos Lavranos

10. Exercise in Constitutional Tolerance? When Public International Law Meets Private International Law: Bosphorus Revisited
Iris Canor

11. Domestic Courts and Sovereignty
Amichai Cohen

IV - Allocations of Authority in Specific Normative Contexts

12. Regionalism, Economic Interdependence, Approximation of Laws and their Impact on Sovereignty, National Identity, and Legitimacy: The Euro-Med Case
Guy Harpaz

13. Conflicting Obligations in International Investment Law: Investment Tribunals' Perspective
Moshe Hirsch

14. Multi-level Accountability: A Case Study of Accountability in the Aftermath of the Srebrenica Massacre
André Nollkaemper

15. Territorial Administration by Non-territorial Sovereigns
Malcolm N Shaw QC


“The 15 contributors offer theoretical, analytical and practical responses to the attempt by international law-makers and institutions to exert their authority vis-à-vis states, while addressing, at the same time, challenges to their legitimacy from other state norms...The editors have done a fine job of amassing a wide repertoire of scholars, from a wide repertoire of backgrounds, to discuss a wide repertoire of topics...of huge significance to the informed reader.” –  Lee P. Ruddin, The Law & Politics Book Review, Vol.18, No.12

“This book represents a thought-provoking attempt to examine the tensions between the traditional concept of sovereignty and the modern allocation of decision-making authority to international organisations, courts and other international actors… This work needs to be recommended to whoever is interested in the development of the legal mechanisms behind international authority and decision-making in the 21st century.” –  Freya Baetens, The Cambridge Law Journal

“The variety of authors and topics in The Shifting Allocation of Authority in International Law works to show, on the one hand, a very broad general approach to the issue of power allocation in the international community today and, on the other hand, a more detailed and in-depth analysis of specific issues. The mix of theoretical analyses and practical solution-offerings might be disconcerting to some but their complementarity definitely deepens the value of the study.” –  Myriam Alvarez-Peveyre, International & Comparative Law Quarterly, Volume 58

“Le lecteur trouvera dans ce livre de trés riches pistes de réflexion relatives au concept d'autorité en droit international.” –  L.D., Annuaire Francais de Droit International

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