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The Limits of Transnational Law - Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union (Paperback)
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The Limits of Transnational Law - Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union (Paperback)
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State authority and power have become diffused in an increasingly
globalized world characterized by the freer trans-border movement
of people, objects and ideas. As a result, some international law
scholars believe that a new world order is emerging based on a
complex web of transnational networks. Such a transnational legal
order requires sufficient dialogue between national courts. This
2010 book explores the prospects for such an order in the context
of refugee law in Europe, focusing on the use of foreign law in
refugee cases. Judicial practice is critically analysed in nine EU
member states, with case studies revealing a mix of rational and
cultural factors that lead judges to rarely use each others'
decisions within the EU. Conclusions are drawn for the prospects of
a Common European Asylum System and for international refugee law.
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