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Book
The limits of transnational law : refugee law, policy harmonization and judicial dialogue in the European Union
Authors: ---
ISBN: 9780521198202 0521198208 9780511750403 9781107412729 1107412722 1107205433 0511847203 9786612630521 0511748906 0511749651 0511742037 0511750404 0511744188 1282630520 0511743106 9780511749650 9780511744181 9781107205437 9780511847202 9781282630529 6612630523 9780511748905 9780511743108 9780511742033 Year: 2010 Publisher: Cambridge : Cambridge University Press,

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Abstract

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

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