TY - JOUR
KW - Australia
KW - Canada
KW - Quebec
KW - Subsidiarity
KW - UNESCO
KW - cultural heritage
KW - federalism
KW - foreign affairs
KW - Intangible cultural heritage
KW - treaty implementation
AU - L. Lixinski
AB - This article proposes a new model for the engagement of sub-state units with the international legal order. Trialogical subsidiarity acknowledges that some areas are best regulated locally, but it also argues that international law has an increasing say in areas traditionally reserved for local law. The implementation of an international cultural heritage treaty by constituent units (CUs) in federal states, despite objections of the federal authorities, is a case study for the possibilities and implications of the use of international law by CUs without the filtering of the central state. This use enhances the legitimacy of international law and can lead to better outcomes for local populations, moving international law closer to its promise of being a law of peoples rather than of states.
DO - 10.1017/cyl.2018.4
N1 - Publisher: Cambridge University Press
N2 - This article proposes a new model for the engagement of sub-state units with the international legal order. Trialogical subsidiarity acknowledges that some areas are best regulated locally, but it also argues that international law has an increasing say in areas traditionally reserved for local law. The implementation of an international cultural heritage treaty by constituent units (CUs) in federal states, despite objections of the federal authorities, is a case study for the possibilities and implications of the use of international law by CUs without the filtering of the central state. This use enhances the legitimacy of international law and can lead to better outcomes for local populations, moving international law closer to its promise of being a law of peoples rather than of states.
SP - 1
EP - 32
TI - Trialogical Subsidiarity in International and Comparative Law: Engagement with International Treaties by Sub-State Entities as Resistance or Innovation
UR - https://www.scopus.com/inward/record.uri?eid=2-s2.0-85065094538&doi=10.1017%2fcyl.2018.4&partnerID=40&md5=cc7be90fbddf3de15caf1882a3283721
VL - 55
SN - 00690058 (ISSN)
ER -