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  1. Home
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  3. Negotiating State and Non-State Law
  • Cited by 12
Publisher:
Cambridge University Press
Online publication date:
June 2015
Print publication year:
2015
Online ISBN:
9781316018132
DOI:
https://doi.org/10.1017/CBO9781316018132
Subjects:
Public International Law, Law, Jurisprudence
Series:
ASIL Studies in International Legal Theory
Information

Book description

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

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