Introduction: Filling or Falling between the Cracks? Law’s Potential
Jeremy Farrall and Kim Rubenstein, SANCTIONS, ACCOUNTABILITY, AND GOVERNANCE IN A GLOBALISED WORLD, Cambridge University Press, 2009
31 Pages Posted: 9 Jul 2010
Date Written: 2009
Abstract
This is the introduction to the first volume of the new Cambridge University Press series Connecting International law with Public law.
The first volume is titled Sanctions, Accountability and Governance in a Globalised World and is edited by the authors of this introduction and explores fascinating questions that arise when legal regimes collide. Until now, international and public law have mainly overlapped in discussions on how international law is implemented domestically. While there is some scholarship developing in the area of global administrative law, and some scholars have touched upon the principles relevant to both disciplines, the publications to date contain only a subset of the concept underpinning this book. This first book aims to broaden understanding of how public and international law intersect. It is unique in consciously bringing together public and international lawyers to consider and engage in each other’s scholarship. What can public lawyers bring to international law and what can international lawyers bring to public law? What are the common interests? Which legal principles cross the international law/domestic public law divide and which principles are not transferable? What tensions emerge from bringing the disciplines together? Are these tensions inherent in law as a discipline as a whole or are they peculiar to law’s sub disciplines? Can we ultimately only fill in or fall between the cracks, or is there some greater potential for law in the engagement?
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