Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-19T08:27:00.965Z Has data issue: false hasContentIssue false

4 - An Intermediate Conclusion

from Part I - Common Theories on the Relationship of Legal Orders and Their Flaws Concerning the EU Legal Order

Published online by Cambridge University Press:  29 February 2024

Lando Kirchmair
Affiliation:
Bundeswehr University Munich
Get access

Summary

The fourth chapter offers an intermediate conclusion. Despite all of the criticism dualism and monism have faced, their persistence is remarkable. Both are still referred to in many textbooks, they are present in case law and in scholarly work. Also in practice, many (national) legal orders are still often referred to as being “dualistic” or “monistic.” Thus, there is a need to make the critical points as clear as possible in order to explain why they – as originally conceived – are of no help in answering the question posed by this book. Moreover, the preceding chapter holds that global legal pluralism cannot offer a satisfying normative account for norm conflict resolution between international, EU and national law either. Hence, prescriptive proposals to solve legal conflicts arising from different legal orders on the global plane are better not termed “pluralistic.” Rather this chapter suggests that it is more precise to refer to a necessarily common framework that addresses the question of how those conflicts should be resolved together or at least in a way acceptable to all parties.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • An Intermediate Conclusion
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.008
Available formats
×

Save book to Dropbox

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 Dropbox.

  • An Intermediate Conclusion
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.008
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.

  • An Intermediate Conclusion
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.008
Available formats
×