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The Intersection Of International Law And Domestic Law
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Book Synopsis The Intersection of International Law and Domestic Law by : Davíd Thór Björgvinsson
Download or read book The Intersection of International Law and Domestic Law written by Davíd Thór Björgvinsson and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Intersection of International Law and Domestic Law by : Davíð Þór Björgvinsson
Download or read book The Intersection of International Law and Domestic Law written by Davíð Þór Björgvinsson and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: [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.
Book Synopsis International Law in the US Legal System by : Curtis A. Bradley
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Beyond Human Rights by : Anne Peters
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Intersection of International Law and Domestic Law by :
Download or read book The Intersection of International Law and Domestic Law written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Law in the US Legal System by : Curtis A. Bradley
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press, USA. This book was released on 2020 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Intersections in International Cultural Heritage Law by : Anne Marie Carstens
Download or read book Intersections in International Cultural Heritage Law written by Anne Marie Carstens and published by Oxford University Press, USA. This book was released on 2020-05-20 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis National Courts and the International Rule of Law by : André Nollkaemper
Download or read book National Courts and the International Rule of Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis New Perspectives on the Divide Between National and International Law by : André Nollkaemper
Download or read book New Perspectives on the Divide Between National and International Law written by André Nollkaemper and published by Oxford University Press on Demand. This book was released on 2007 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.
Book Synopsis International Climate Change Law by : Daniel Bodansky
Download or read book International Climate Change Law written by Daniel Bodansky and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Book Synopsis Immigration, Integration and the Law by : Dr Clíodhna Murphy
Download or read book Immigration, Integration and the Law written by Dr Clíodhna Murphy and published by Ashgate Publishing, Ltd.. This book was released on 2013-12-28 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Encounters between Foreign Relations Law and International Law by : Helmut Philipp Aust
Download or read book Encounters between Foreign Relations Law and International Law written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2021-06-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh look at the bridges and boundaries between foreign relations law and public international law.
Book Synopsis The Engagement of Domestic Courts with International Law by : André Nollkaemper
Download or read book The Engagement of Domestic Courts with International Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2024-07-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law in the U.S. Legal System by : Curtis A. Bradley
Download or read book International Law in the U.S. Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2015-03-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, 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 foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), 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.
Book Synopsis International Law in Domestic Courts by : André Nollkaemper
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by Oxford University Press. This book was released on 2018-11-22 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law Studies by : Anthony D'Amato
Download or read book International Law Studies written by Anthony D'Amato and published by Martinus Nijhoff Publishers. This book was released on with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: `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.
Book Synopsis Mobilizing for Human Rights by : Beth A. Simmons
Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
