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2004

Jurisprudence

Eric A. Engle

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The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle Jan 2004

The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle

Eric A. Engle

Traces the rise and decline of the national state as hermetic juridical atom (realist 'billiard ball' theory) and its replacement by a multilevel theory which sublimates state power upward as it dissolves it downward to non-state actors. Argues that classical sovereignty created and encouraged war and that post-Westphalian world is integrated networked and much more stable. Citations from the text: The rise of private rights and duties under national and international law enforced through universal jurisdiction and supranational trading systems both global and regional together mark the end of the Westphalian state system. ... In this system, states were the …