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  3. Duelling for Supremacy
  • Cited by 7
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    • Publisher:
      Cambridge University Press
      Publication date:
      14 May 2019
      16 May 2019
      ISBN:
      9781108601245
      9781108475266
      9781108466028
      DOI:
      https://doi.org/10.1017/9781108601245
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.77kg, 446 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.646kg, 464 Pages
      • Subjects:
      Public International Law, Law, Comparative Law
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    Subjects:
    Public International Law, Law, Comparative Law
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    Book description

    It is a settled rule of international law that a State may not rely on the provisions of its 'internal law' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State's inclination to retain full sovereignty seems to act as an unbreakable 'counter-limit' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.

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