The Future of International Law is Domestic (or, The European Way of Law)

Abstract

This chapter begins by identifying a new set of global threats and actual and potential responses, including the EU's use of law to transform new members ‘from the inside-out’. It argues that the future relevance, power, and potential of international law lie in its ability to backstop, strengthen, and compel domestic law and institutions. The chapter then examines the potential pitfalls and dangers of these new functions of international law. Finally, it contrasts its analysis with other recent efforts to blur the boundaries between the international and domestic spheres, noting that what is distinctive about our claim is not the intermingling of two kinds of law, but rather the impact of international law on domestic politics and vice versa.

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