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  3. Rethinking the Relationship between International, EU and National Law
  • Cited by 1
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    • Publisher:
      Cambridge University Press
      Publication date:
      29 February 2024
      14 March 2024
      ISBN:
      9781009380171
      9781009380201
      DOI:
      https://doi.org/10.1017/9781009380171
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.76kg, 420 Pages
      Dimensions:
      Weight & 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

    The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.

    Reviews

    ‘The book offers an innovative approach to conceptualizing the relationship between international law, EU law, and national law. Kirchmair's highly readable work clearly demonstrates that monism and dualism are not zombies, but rather, after more than 100 years, still occupy - and indeed must occupy - the minds of legal scholars. Written in a fresh and easily understandable style, it makes an important contribution to this debate and provides ample opportunity for fruitful discussion.’

    Rainer Palmstorfer Source: ZöR – Austrian Journal of Public Law

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