Psarras, Haris --- "Law’s authority and overlapping jurisdictions" [2016] ELECD 1232; in Cotterrell, Roger; Del Mar, Maksymilian (eds), "Authority in Transnational Legal Theory" (Edward Elgar Publishing, 2016) 96

Book Title: Authority in Transnational Legal Theory

Editor(s): Cotterrell, Roger; Del Mar, Maksymilian

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784711610

Section: Chapter 4

Section Title: Law’s authority and overlapping jurisdictions

Author(s): Psarras, Haris

Number of pages: 27

Abstract/Description:

This chapter concentrates on an old legal phenomenon that has recently re-emerged through transnational developments: the overlap between jurisdictions of law-applying bodies established by different legal systems. It analyses it through the prism of a theory on the authority of legal systems: the ‘theory of de facto authority’. After briefly discussing the impact of transnational developments on law and legal theory, this chapter focuses on the issue of overlapping jurisdictions and on key aspects of the ‘theory of de facto authority’ to establish that this theory can account satisfactorily for overlapping jurisdictions, in general, and, more particularly, for their occurrence at a transnational level.