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International Legal Pluralism, William W. Burke-White
International Legal Pluralism, William W. Burke-White
Michigan Journal of International Law
This symposium has sought to examine the fragmentation of the international legal system. Such a task presupposes that international law is, in fact, undergoing some form of fragmentation. A range of recent scholarship has described this so-called fragmentation in various ways and generally considered it a negative development, a threat to the legal system as we know it. This commentary challenges both these assumptions by suggesting that international law is not fragmenting, but rather is being transformed into a pluralist system. Instead of being undermined by fragmentation, the rules, the institutions, and practices of the international legal order can be …
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Michigan Journal of International Law
It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …