International or Global Law: An Unachieved Revolution?

Jean-Louis Halpérin (1)

1 CTAD - Centre de Théorie et Analyse du Droit

This chapter is devoted to the issue of a purported triumph of international (or transnational) law that could have created, in the recent decades, a legal revolution minimising the role of domestic legal orders. This question cannot be separated from the historical perspective about what is “international law” (as a coherent and independent legal order) and at what time the first kind of international law has appeared. As a set of positive rules, international law has no far origins (in the Antiquity, Middle Ages and early Modern Times), but is the product of processes beginning during the nineteenth century and leading to partial achievements after 1945. After some attempts to measure the impact of international law, the approach concerning international lawyers and international fora shows that the international legal field has not replaced domestic legal orders.

Domaines: Droit

Jean-Louis Halpérin. International or Global Law: An Unachieved Revolution?. Springer. Five Legal Revolutions Since the 17th Century, , pp.151-191, 2014, 978-3-319-05887-0. ⟨10.1007/978-3-319-05888-7_5⟩. ⟨halshs-03281355⟩