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Duelling for Supremacy - International Law vs. National Fundamental Principles (Hardcover)
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Duelling for Supremacy - International Law vs. National Fundamental Principles (Hardcover)
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It is a settled rule of international law that a State may not rely
on the provisions of its 'internal law' as justification for
failing to comply with international obligations. However, the
judiciaries of most countries, including those with a high record
of compliance with international norms, have increasingly felt the
need to preserve the area of fundamental principles, where the
State's inclination to retain full sovereignty seems to act as an
unbreakable 'counter-limit' to the limitations deriving from
international law. This volume explores this trend by adopting a
comparative perspective, addressing the question of how conflicts
between international law and national fundamental principles are
dealt with and resolved within a specific legal system. The
contributing authors identify common tendencies and fundamental
differences in the approaches and evaluate the implications of this
practice for the future of the principle of supremacy of
international law.
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