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Author : Richard B. Lillich
Publisher : American Bar Association
Page : 72 pages
File Size : 45,5 Mb
Release : 1985
Category : Political Science
ISBN : STANFORD:36105062996561
This publication describes the application of international human rights law, treaties, and cases in U.S. courts.
Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 45,7 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author : Stefan Kadelbach,Thilo Rensmann,Eva Rieter
Publisher : Springer
Page : 663 pages
File Size : 49,9 Mb
Release : 2019-04-15
Category : Law
ISBN : 9783319948485
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author : Benedetto Conforti,Francesco Francioni
Publisher : BRILL
Page : 485 pages
File Size : 47,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481701
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Author : André Nollkaemper,Professor of Public International Law André Nollkaemper,Hersch Lauterpacht Chair in Public International Law Yuval Shany,Yuval Shany,Antonios Tzanakopoulos,Professor of Public International Law at the Faculty of Law and Fellow in Law at St Anne's College Antonios Tzanakopoulos
Publisher : Oxford University Press
Page : 465 pages
File Size : 40,8 Mb
Release : 2024-07-11
Category : Law
ISBN : 9780192864185
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
Author : Shaheed Fatima KC
Publisher : Bloomsbury Publishing
Page : 500 pages
File Size : 44,5 Mb
Release : 2005-10-04
Category : Law
ISBN : 9781847310521
International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.
Author : David Sloss
Publisher : Cambridge University Press
Page : 657 pages
File Size : 51,9 Mb
Release : 2009-10-12
Category : Law
ISBN : 9780521877305
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Author : Andrew Byrnes,Jane Frances Connors,Lum Bik
Publisher : Commonwealth Secretariat
Page : 208 pages
File Size : 45,8 Mb
Release : 1997
Category : Law
ISBN : 0850925150
Guide to Human Rights Sources
Author : Erika De Wet,Jure Vidmar
Publisher : Oxford University Press
Page : 128 pages
File Size : 54,5 Mb
Release : 2012-03-01
Category : Law
ISBN : 9780191627767
This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.
Author : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 458 pages
File Size : 42,6 Mb
Release : 2000
Category : Law
ISBN : 0199243026
This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
Author : Murray Hunt
Publisher : Hart Publishing
Page : 469 pages
File Size : 42,7 Mb
Release : 1998-02-19
Category : Law
ISBN : 9781901362725
This book demonstrates the scope that already exists for using international human rights law in English courts.
Author : Onkemetse Tshosa
Publisher : Routledge
Page : 394 pages
File Size : 51,8 Mb
Release : 2017-07-05
Category : Social Science
ISBN : 9781351759021
This title was first published in 2001. This text critically examines the role and relevance of international human rights law in the process of protection, especially in the cases of Botswana, Namibia and Zimbabwe. It argues that international human rights law does have a role to play in the protection and, indeed the enforcement of human rights in these countries and that there is an emerging trend to that effect.
Author : Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2012
Category : Courts
ISBN : 1780680414
States that are in transition following a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines the detailed attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The book contains case studies of the role of domestic courts in various post-conflict and transitional situations: the Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda. Each of these case studies examines questions relating to: the exact constitutional moment that empowers domestic courts to apply international law * the range of international legal norms that are applied * the involvement of international actors in bringing about change * the contextualization of international legal norms in States in transition * tension within such States as a result of the application of international law * the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment. (Series: Series on Transitional Justice - Vol. 9)
Author : Sharon Weill
Publisher : OUP Oxford
Page : 360 pages
File Size : 49,9 Mb
Release : 2014-03-06
Category : Law
ISBN : 9780191508622
International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.
Author : Martin Scheinin
Publisher : Cambridge University Press
Page : 517 pages
File Size : 54,6 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781108499736
Examines the role and impact of human rights norms in international courts other than human rights courts
