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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


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The Significance of Borders


ISBN13: 9789004228139
Published: May 2012
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Paperback
Price: £34.00



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For almost three-quarters of a century, the countries of Western Europe have abandoned national sovereignty as an ideal. Nation states are being dismantled: by supranationalism from above, by multiculturalism from below. This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.

Subjects:
Public International Law
Contents:
Contents
Acknowledgements
Preface
Part I – The Rise of Borders
Introduction
Chapter One: The State
1.1. The Rise of the State;
1.2. Averting Civil War
1.3. International Relations
Chapter Two: Sovereignty
2.1. Introduction
2.2. Internal Sovereignty
2.3. External Sovereignty
Chapter Three: The Nation
3.1. Membership
3.2. Imagined Territorial Communities
3.3. Welcoming Newcomers
Conclusion
Part II – The Assault on Borders
Introduction
Chapter Four: Supranational Courts
4.1. The International Criminal Court
4.2. The European Court of Human Rights
4.3. The International Court of Justice
Chapter Five: Supranational Organizations
5.1. The World Trade Organization 5.2. The Security Council
5.3. The European Union
Chapter Six: Multiculturalism
6.1. Introduction
6.2. Legal Plurality
6.3. Cultural Diversity
Conclusion
Part III – The Need for Borders
Chapter Seven: Government
7.1. Introduction
7.2. Representation;
7.3. Law
Chapter Eight: The Fallacies of Universalism
8.1. No More War
8.2. The Universal Society
8.3. The All-Inclusiveness of Loyalties
Chapter Nine: The Particularism of Citizenship
9.1. Loyalty
9.2. The Public Sphere
9.3. Without a ‘We’, It Won’t Work
Conclusion
Bibliography
Index;