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Post-national (international) law at the end of history

Ajevski, Marjan (2016). Post-national (international) law at the end of history. International Politics Reviews, 4(2) pp. 45–54.

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The post-Cold War world has seen the rise of global governance, a governance by international institutions that increasingly manages to bypass the traditional mechanisms of international law-making and, more importantly, domestic procedures of incorporation. This has put into question the legitimacy of the international legal order for which legal scholars have put forward proposals for reform – a post-national legal order. What they see is the democratic deficit of global governance and propose models of legal order that try to fix it. However, what they do not justify is their basic assumption: why democracy (and equality and rights) in a world that is increasingly rejecting it? By not justifying this assumption, legal scholars have withdrawn themselves from the next ideological debate: why are democracy and rights the best alternatives for a future legal order?

Item Type: Journal Item
Copyright Holders: 2016 Macmillan Publishers Ltd.
ISSN: 2050-2990
Keywords: post-national law; pluralism; constitutionalism; international law as public law
Academic Unit/School: Faculty of Business and Law (FBL) > Law
Faculty of Business and Law (FBL)
Item ID: 51681
Depositing User: Marjan Ajevski
Date Deposited: 07 Nov 2017 16:19
Last Modified: 09 Jun 2019 00:51
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