Tóm tắt

In this volume subtitled "Patterns for New Legal Structures," Professor Hay is concerned with what he calls "a narrow area of inquiry: the role of so-called supranational organizations, and of the European Communities in particular, in international law and in the legal structure of their member states." Narrow it may be, but nonetheless it poses questions sure to be in the forefront of attention of lawyers(and political scientists) in the future-the relationship between national legal systems in a world which ever increasingly is making the nation-state obsolescent as a form of social order. The term "obsolescent" is emphasized; I do not suggest that the nation-states are yet obsolete or that they will disappear overnight. What is suggested, and what Professor Hay discusses, is that nations are no longer the sole subjects of international law or the sole participants in the international political arena. Regional associations are slowly and ineluctably forcing their way into world prominence. Of particular interest is Part 2, dealing with supranationalism and national constitutional law. One long essay is directed toward analyzing the problems which may arise in accommodating the United States Constitution to a greater participation in supranational organizations. To some limited extent, the United States already shares sovereignty: decisions are routinely taken-in NATO and the OECD, in the governing bodies of international commodity agreements and the International Monetary Fund-which may be said to be "larger than national." However, this does not mean that the United States belongs to a truly supranational organization, such as, for example, the European Common Market. What is taking place is that the substance of sovereignty is being chipped away, eroded in a myriad of decisions made not only by government but also by American transnational organizations such as corporations. As President Kennedy said in 1962, "The emergence of the new Europe is being matched by the emergence of new ties across the Atlantic. It is a matter of undramatic daily co-operation in hundreds of workaday tasks: of currencies kept in effective relation, of development loans meshed together, of standardized weapons and concerted diplomatic positions. The Atlantic community grows, not like a volcanic mountain, by one mighty explosion, but like a coral reef, from the accumulating activity of all. "