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Baby Steps Away from the State: Regional Judicial Interaction as a Gauge of Postnational Order in South America and Europe

Tom Gerald Daly

Keywords: Postnational order; judicial dialogue; judicial community; Europe; South America

This paper explores the difference between ‘universality’, ‘cosmopolitanism’ and ‘internationalisation’ by contrasting judicial dialogue and community in Europe and South America; two regional constellations which include national orders, regional human rights systems and the legal orders of regional integration projects. By focusing on the relatively underdeveloped and fragmented nature of regional integration, judicial dialogue and community in South America, the paper emphasises that the region does not simply replicate the European experience. Law and the courts in South America have not ‘stepped away’ from the state to the same extent, with the result that the region cannot be characterised as a postnational order in the European mould.

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