The Intersection Of International Law And Domestic Law

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 54,8 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.

Author : Davíð Þór Björgvinsson
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2015
Category : International and municipal law
ISBN : 1785361864

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The Intersection of International Law and Domestic Law by Davíð Þór Björgvinsson Pdf

[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' - Páll Hreinsson, EFTA-Court 'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' - Gudmundur Alfredsson, University of Akureyri, Iceland 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.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 2024-06-27
Category : Electronic
ISBN : OCLC:972006579

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The Intersection of International Law and Domestic Law by Anonim Pdf

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 45,7 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 409 pages
File Size : 47,7 Mb
Release : 2020-12-01
Category : Law
ISBN : 9780197525630

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International Law in the US Legal System by Curtis A. Bradley Pdf

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

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 : 53,5 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.

Author : Benedetto Conforti
Publisher : BRILL
Page : 229 pages
File Size : 41,8 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004637948

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International Law and the Role of Domestic Legal Systems by Benedetto Conforti Pdf

This book is an updated version of the General Course on public international law given by the author in French at the Hague Academy of International Law in 1988. It provides an outline of the Law of Nations in a perspective that focuses on its application and development through domestic courts and other `legal actors'. It is based on the idea that international law is no longer the exclusive province of diplomats but must evolve under the guidance of all State organs charged with applying the law.

Author : Dr Clíodhna Murphy
Publisher : Ashgate Publishing, Ltd.
Page : 434 pages
File Size : 45,8 Mb
Release : 2013-12-28
Category : Political Science
ISBN : 9781472404862

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Immigration, Integration and the Law by Dr Clíodhna Murphy Pdf

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

Author : Anthony D'Amato
Publisher : Martinus Nijhoff Publishers
Page : 404 pages
File Size : 47,5 Mb
Release : 2024-06-27
Category : Law
ISBN : 9789004640887

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International Law Studies by Anthony D'Amato Pdf

`Reader beware. You are about to be challenged and drawn into a realm of unorthodox ideas, often stated provocatively ...' (From the Foreword). The field of international law is blessed with a broad range of high quality scholarship. But a truly fresh approach and real, original ideas always provide a welcome addition. Any serious player in the international law world will seek out these rare challenges to classic scholarship. International Law Studies is one of these unique works. In this second volume of collected papers, the author addresses: - environmental law, - human rights, - international criminal law, - foreign relations law, - the intersection of political science and international law, and - the study and practice of international law. The insightful and probing nature of the author's wholly new analysis of these critical topics will intrigue any international law scholar or practitioner. To miss International Law Studies is to shut out one of the most thought-provoking voices in the field. This is the second volume in a series of collected papers.

Author : André Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press
Page : 720 pages
File Size : 51,6 Mb
Release : 2018-11-22
Category : Law
ISBN : 9780191060267

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

The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
Page : 334 pages
File Size : 46,6 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509951161

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Liability for Transboundary Pollution at the Intersection of Public and Private International Law by Guillaume Laganière Pdf

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 40,5 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Author : Curtis A. Bradley
Publisher : Oxford University Press, USA
Page : 409 pages
File Size : 55,7 Mb
Release : 2020
Category : Law
ISBN : 9780197525609

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International Law in the US Legal System by Curtis A. Bradley Pdf

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Author : Anne Marie Carstens,Elizabeth Varner
Publisher : Oxford University Press, USA
Page : 449 pages
File Size : 42,7 Mb
Release : 2020-05-20
Category : Law
ISBN : 9780198846291

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Intersections in International Cultural Heritage Law by Anne Marie Carstens,Elizabeth Varner Pdf

The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

Author : Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani
Publisher : Oxford University Press
Page : 128 pages
File Size : 54,8 Mb
Release : 2017-06-08
Category : Law
ISBN : 9780191643149

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International Climate Change Law by Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani Pdf

This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.