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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Competing Sovereignties


ISBN13: 9781138017931
Published: January 2014
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £46.99
Hardback edition , ISBN13 9780415678148



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Competing Sovereignties develops an account of sovereignty that comes to terms with the complex relationship between international, national and local claims to determine the content of law. This book provides a reconsideration of the concept of sovereignty in modernity. In an argument that is illustrated through an analysis of debates over the control of intellectual property law in India, Richard Joyce considers how economic globalization and the claims of indigenous communities do not just challenge national sovereignty - as if national sovereignty was the only kind of sovereignty - but in fact challenge our conception of what sovereignty 'is'. Combining theoretical research and reflection with an analysis of the legal, institutional and political context in which sovereignties 'compete', the book offers a critical reconception of modern sovereignty - and, with it, a new appreciation of the complex issues surrounding the relationship between international organisations, nation states and local and indigenous communities.

Subjects:
Constitutional and Administrative Law, Public International Law, Jurisprudence
Contents:
PART 1: THE SOVEREIGN POSITION IN MODERN LAW
Chapter 1: Modern sovereignty and the nation state: a failure of grounds
Chapter 2: Autopositioning: the groundless ground of modern sovereignty

PART 2: THE RELATION BETWEEN SOVEREIGN POSITIONS
Chapter 3: The constitutive function of relation
Chapter 4: The relation of sovereigns at the international, national and local levels.
Chapter 5: The relation of sovereigns at the international, national and local levels

Conclusion