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Concluding remarks

Published online by Cambridge University Press:  05 October 2010

Jeremy Farrall
Affiliation:
Australian National University, Canberra
Kim Rubenstein
Affiliation:
Australian National University, Canberra
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Summary

Not being a legal scholar, I will focus my concluding remarks on the more philosophical and historical aspects of this fascinating and important debate: issues that are especially prominent in the two opening chapters of this collection, but which illuminate and ground all of the chapters in this book.

The debate is triggered by the political developments of the last few decades, vaguely labelled ‘globalisation’. Of greatest relevance for this volume are the aspects of globalisation that concern the relationship of international law on the one hand to public law within each state on the other – and, particularly, how that relationship is instantiated and informed by the development of international sanctions regimes. Traditionally, these two areas of the law, public international and domestic public, have been separate; the latter determined by domestic legislative processes and the former by the treaty-making powers of (the more powerful) sovereign states.

The word ‘separate’ here means, in the first instance, that there was little overlap between these bodies of law, that is, few cases that substantively involved either elements of both national and international law or legal rules from two distinct national jurisdictions. These bodies of law governed in separate spheres, and their main contact consisted in a shared recognition of this division of labour along with deference by each to the rules and judgments promulgated by the others. The word ‘separate’ does not mean that these bodies of law did not affect one another's content.

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Publisher: Cambridge University Press
Print publication year: 2009

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  • Concluding remarks
  • Edited by Jeremy Farrall, Australian National University, Canberra, Kim Rubenstein, Australian National University, Canberra
  • Book: Sanctions, Accountability and Governance in a Globalised World
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511776847.020
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  • Concluding remarks
  • Edited by Jeremy Farrall, Australian National University, Canberra, Kim Rubenstein, Australian National University, Canberra
  • Book: Sanctions, Accountability and Governance in a Globalised World
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511776847.020
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Concluding remarks
  • Edited by Jeremy Farrall, Australian National University, Canberra, Kim Rubenstein, Australian National University, Canberra
  • Book: Sanctions, Accountability and Governance in a Globalised World
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511776847.020
Available formats
×