9781316018132 (ebook) 9781107083769 (hardback) 9781107444461 (paperback)
ASIL studies in international legal theory.
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction / Michael A. Helfand Non-state lawmaking through the lens of global legal pluralism / Paul Schiff Berman What is non-state law? : a primer / Ralf Michaels International law and sociollegal scholarship : toward a spatial global legal pluralism / Sally Engle Merry The constitutional itch : transnational private regulatory governance and the woes of legitimacy / Peer Zumbansen International human rights law as a catalyst for the recognition and evolution of non-state law / Helen Quane The administrative state goes global / Daphne Barak-Erez and Oren Perez International precedent and the practice of international law / Harlan Grant Cohen Religion, family law and competing norms / Joel A. Nichols The resolution of disputes in state and tribal law in the south of Iraq: toward a cooperative model of pluralism / Haider Ala Hamoudi, Wasfi H. Al-Sharaa, and Aqeel Al-Dahhan Is there such a thing as non-state law? : lessons from Kiryas Joel / Nomi Maya Stolzenberg The persistence of sovereignty and the rise of the legal subject / Michael A. Helfand.