The Engagement Of Domestic Courts With International Law

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The Engagement of Domestic Courts with International Law

Author : Eleni Methymaki
Publisher : Oxford University Press
Page : 465 pages
File Size : 49,9 Mb
Release : 2024-04-11
Category : Law
ISBN : 9780192679178

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The Engagement of Domestic Courts with International Law by Eleni Methymaki Pdf

The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. 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. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

The Engagement of Domestic Courts with 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 : 45,8 Mb
Release : 2024-07-11
Category : Law
ISBN : 9780192864185

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The Engagement of Domestic Courts with International Law by 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 Pdf

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.

International Law in Domestic Courts

Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 49,7 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746

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International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger Pdf

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.

The Interpretation of International Law by Domestic Courts

Author : Helmut Philipp Aust,Georg Nolte
Publisher : Oxford University Press
Page : 384 pages
File Size : 40,7 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191059414

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The Interpretation of International Law by Domestic Courts by Helmut Philipp Aust,Georg Nolte Pdf

The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

Domestic Courts and the Interpretation of International Law

Author : Odile Ammann
Publisher : BRILL
Page : 401 pages
File Size : 54,6 Mb
Release : 2019-11-11
Category : Law
ISBN : 9789004409873

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Domestic Courts and the Interpretation of International Law by Odile Ammann Pdf

Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.

General Principles as a Source of International Law

Author : Imogen Saunders
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 47,9 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509936083

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General Principles as a Source of International Law by Imogen Saunders Pdf

This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

The Role of Domestic Courts in Treaty Enforcement

Author : David Sloss
Publisher : Cambridge University Press
Page : 657 pages
File Size : 46,5 Mb
Release : 2009-10-12
Category : Law
ISBN : 9780521877305

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The Role of Domestic Courts in Treaty Enforcement by David Sloss Pdf

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.

Enforcing International Human Rights in Domestic Courts

Author : Benedetto Conforti,Francesco Francioni
Publisher : BRILL
Page : 485 pages
File Size : 54,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481701

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Enforcing International Human Rights in Domestic Courts by Benedetto Conforti,Francesco Francioni Pdf

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.

The Intersection of International Law and Domestic Law

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 45,7 Mb
Release : 2015-11-27
Category : Law
ISBN : 9781785361876

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The Intersection of International Law and Domestic Law by Davíd Thór Björgvinsson Pdf

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

International Law in Domestic Courts

Author : Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2012
Category : Courts
ISBN : 1780680414

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International Law in Domestic Courts by Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert Pdf

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)

National Courts and the International Rule of Law

Author : André Nollkaemper
Publisher : Oxford University Press
Page : 384 pages
File Size : 53,8 Mb
Release : 2012
Category : Law
ISBN : 9780191652820

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National Courts and the International Rule of Law by André Nollkaemper Pdf

This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

Research Handbook on the Politics of International Law

Author : Wayne Sandholtz,Christopher A. Whytock
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 46,8 Mb
Release : 2017-02-24
Category : Law
ISBN : 9781783473984

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Research Handbook on the Politics of International Law by Wayne Sandholtz,Christopher A. Whytock Pdf

What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

The Practice of International and National Courts and the (De-)Fragmentation of International Law

Author : Ole Kristian Fauchald,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 382 pages
File Size : 54,9 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781847319159

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The Practice of International and National Courts and the (De-)Fragmentation of International Law by Ole Kristian Fauchald,André Nollkaemper Pdf

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Role of Domestic Courts

Author : Richard A. Falk
Publisher : Unknown
Page : 196 pages
File Size : 42,7 Mb
Release : 1964-09-14
Category : Electronic
ISBN : 0815620659

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Role of Domestic Courts by Richard A. Falk Pdf