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Supranational law


Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. It is distinguished from public international law, because in supranational law, nations explicitly submit their right to make judicial decisions by treaty to a set of common tribunal. The United Nations Security Council and subordinate organizations such as the International Court of Justice are the only globally accepted supranational tribunals.

The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was the first supranational agreement where 13 sovereign states were unified in a common government, which later became the United States of America. The central government proved too weak to manage the growing economy as the sovereign states incurred national debts and independently managed their national currencies without central coordination. The supranational government was terminated and the sovereign states were united into a unified sovereign nation-state by the United States Constitution in 1785.

European Union law was the next example of a supranational legal framework. In the EU, sovereign nations have pooled their authority through a system of courts and political institutions. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not. According to the European Court of Justice in the early case, 26/62, of NW Algemene Transporten Expeditie Onderneming van Gend en Loos v Nederlandse Adminstratie der Belastingen [1963] ECR 1, (often known as just Van Gend en Loos) it constitutes "a new legal order of international law":


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