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1 - Autonomy of a Legal Order

Odysseus’s Vessel

Published online by Cambridge University Press:  22 June 2023

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Summary

Chapter 1 sets the scene by exploring the concept of legal order autonomy, which is used in the following chapters as an analytical framework for the analysis of the EAEU legal order. The chapter gives an overview of the notions of autonomy and autonomous legal order in their various forms. It further takes the EU as an exemplar autonomous legal order, analyses its two dimensions – internal and external – and uses a literary reference to capture it. Further, given the prima facie interrelations between autonomy and supranationality, the chapter situates the latter in this context, which links to the exploration in Chapter 3 of the EAEU’s claim that it has established the first supranational institution in the region. As there is no single doctrine of legal order autonomy nor a definition thereof, the chapter develops a number of indicia of legal order autonomy to be used in the book to analyse the EAEU, and explains why indicia are preferred to criteria in this book. As the idea of a legal order autonomy is largely a judicial construct, it is presented as a particular narrative of its own.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Autonomy of a Legal Order
  • Maksim Karliuk
  • Book: The Emerging Autonomous Legal Order of the Eurasian Economic Union
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009082464.002
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  • Autonomy of a Legal Order
  • Maksim Karliuk
  • Book: The Emerging Autonomous Legal Order of the Eurasian Economic Union
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009082464.002
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Autonomy of a Legal Order
  • Maksim Karliuk
  • Book: The Emerging Autonomous Legal Order of the Eurasian Economic Union
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009082464.002
Available formats
×