The Limits of Transnational Law

Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Limits of Transnational Law by , Cambridge University Press
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Author: ISBN: 9780511847202
Publisher: Cambridge University Press Publication: March 18, 2010
Imprint: Cambridge University Press Language: English
Author:
ISBN: 9780511847202
Publisher: Cambridge University Press
Publication: March 18, 2010
Imprint: Cambridge University Press
Language: English

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

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State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

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