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  3. Negotiating State and Non-State Law
  • Cited by 12
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 June 2015
      02 July 2015
      ISBN:
      9781316018132
      9781107083769
      9781107444461
      DOI:
      https://doi.org/10.1017/CBO9781316018132
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.68kg, 362 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.523kg, 361 Pages
      • Subjects:
      Public International Law, Law, Jurisprudence
      Series:
      ASIL Studies in International Legal Theory
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    Subjects:
    Public International Law, Law, Jurisprudence
    Series:
    ASIL Studies in International Legal Theory
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    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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