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4 - An Intermediate Conclusion

from Part I - Common Theories on the Relationship of Legal Orders and Their Flaws Concerning the EU Legal Order

Published online by Cambridge University Press:  29 February 2024

Lando Kirchmair
Affiliation:
Bundeswehr University Munich
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Summary

The fourth chapter offers an intermediate conclusion. Despite all of the criticism dualism and monism have faced, their persistence is remarkable. Both are still referred to in many textbooks, they are present in case law and in scholarly work. Also in practice, many (national) legal orders are still often referred to as being “dualistic” or “monistic.” Thus, there is a need to make the critical points as clear as possible in order to explain why they – as originally conceived – are of no help in answering the question posed by this book. Moreover, the preceding chapter holds that global legal pluralism cannot offer a satisfying normative account for norm conflict resolution between international, EU and national law either. Hence, prescriptive proposals to solve legal conflicts arising from different legal orders on the global plane are better not termed “pluralistic.” Rather this chapter suggests that it is more precise to refer to a necessarily common framework that addresses the question of how those conflicts should be resolved together or at least in a way acceptable to all parties.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • An Intermediate Conclusion
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.008
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  • An Intermediate Conclusion
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.008
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.

  • An Intermediate Conclusion
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.008
Available formats
×