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The Role Of Domestic Courts In The International Legal Order
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Book Synopsis The Role of Domestic Courts in the International Legal Order by : Richard A. Falk
Download or read book The Role of Domestic Courts in the International Legal Order written by Richard A. Falk and published by . This book was released on 1964 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates how active or passive domestic courts should be in the development of a rule of international law. Discusses international jurisdiction, questions of sovereign immunity & act of state & problems of allocation & choice of law. Acid-free reprint of Syracuse University Press, 1964 Distributed by William S. Hein & Co., Inc.
Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper
Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Role of Domestic Courts in the International Legal Order by :
Download or read book The Role of Domestic Courts in the International Legal Order written by and published by . This book was released on 1964 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Interpretation of International Law by Domestic Courts by : Helmut Philipp Aust
Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016-01-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 The Engagement of Domestic Courts with International Law by : Eleni Methymaki
Download or read book The Engagement of Domestic Courts with International Law written by Eleni Methymaki and published by Oxford University Press. This book was released on 2024-04-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Research Handbook on the Politics of International Law by : Wayne Sandholtz
Download or read book Research Handbook on the Politics of International Law written by Wayne Sandholtz and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Privileges and Immunities of International Organizations in Domestic Courts by : August Reinisch
Download or read book The Privileges and Immunities of International Organizations in Domestic Courts written by August Reinisch and published by OUP Oxford. This book was released on 2013-09-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.
Book Synopsis The Role of Domestic Courts in International Legal Order by : Richard A. Falk
Download or read book The Role of Domestic Courts in International Legal Order written by Richard A. Falk and published by University of Virginia Press. This book was released on 1964 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Enforcing International Human Rights in Domestic Courts by : Benedetto Conforti
Download or read book Enforcing International Human Rights in Domestic Courts written by Benedetto Conforti and published by Martinus Nijhoff Publishers. This book was released on 1997-04-08 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: CASES - Michael J. Churgin.
Book Synopsis The Role of Domestic Courts in Treaty Enforcement by : David Sloss
Download or read book The Role of Domestic Courts in Treaty Enforcement written by David Sloss and published by Cambridge University Press. This book was released on 2009-10-12 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Role of National Courts in Applying International Humanitarian Law by : Sharon Weill
Download or read book The Role of National Courts in Applying International Humanitarian Law written by Sharon Weill and published by Oxford University Press. This book was released on 2014-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.
Book Synopsis International Law and the Role of Domestic Legal Systems by : Benedetto Conforti
Download or read book International Law and the Role of Domestic Legal Systems written by Benedetto Conforti and published by Martinus Nijhoff Publishers. This book was released on 1993-06-24 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Using International Law in Domestic Courts by : Shaheed Fatima KC
Download or read book Using International Law in Domestic Courts written by Shaheed Fatima KC and published by Bloomsbury Publishing. This book was released on 2005-10-04 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis General Principles as a Source of International Law by : Imogen Saunders
Download or read book General Principles as a Source of International Law written by Imogen Saunders and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
