Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism (ASIL Studies in International Legal Theory)

Cambridge University Press, 7/2/2015
EAN 9781107083769, ISBN10: 1107083761

Hardcover, 362 pages, 22.9 x 15.2 x 2.1 cm
Language: English

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Part I. Negotiating State and Non-State Law
The Legal Pluralist Project
1. Non-state lawmaking through the lens of global legal pluralism Paul Schiff Berman
2. What is law beyond the state? An introduction Ralf Michaels
3. International law and sociolegal scholarship
toward a spatial global legal pluralism Sally E. Merry
Part II. Negotiating State Law and International/Transnational Law
4. The constitutional itch
transnational private regulatory governance and the woes of legitimacy Peer Zumbansen
5. International human rights law as a catalyst for the recognition and evolution of non-state law Helen Quane
6. The administrative state goes global Oren Perez and Daphne Barak-Erez
7. International precedent and the practice of international law Harlan Cohen
Part III. Negotiating State Law and Religious/Indigenous Law
8. Religion, family law, and competing norms Joel A. Nichols
9. The resolution of disputes in state and tribal law in the south of Iraq
toward a cooperative model of pluralism Haider Ala Hamoudi, Wasfi H. Al-Sharaa and Aqeel Al-Dahhan
10. Is there such a thing as non-state law? Lessons from Kiryas Joel Nomi Maya Stolzenberg
11. The persistence of sovereignty and the rise of the legal subject Michael A. Helfand.