National Courts And The International Rule Of Law
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National Courts And The International Rule Of Law
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Author : André Nollkaemper
language : en
Publisher: Oxford University Press
Release Date : 2012
National Courts And The International Rule Of Law written by André Nollkaemper and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
National Courts And The International Rule Of Law
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Author : Andre Nollkaemper
language : en
Publisher: OUP Oxford
Release Date : 2011-02-24
National Courts And The International Rule Of Law written by Andre Nollkaemper and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Law categories.
This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law, focusing mainly on judicial control of exercise of public powers by states.
The Interpretation Of International Law By Domestic Courts
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Author : Helmut Philipp Aust
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
The Interpretation Of International Law By Domestic Courts written by Helmut Philipp Aust and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-21 with Law categories.
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.
Rule Of Law Dynamics
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Author : Michael Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18
Rule Of Law Dynamics written by Michael Zurn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-18 with Law categories.
This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
The Rule Of Law At The National And International Levels
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Author : Machiko Kanetake
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21
The Rule Of Law At The National And International Levels written by Machiko Kanetake and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
The Contribution Of International And Supranational Courts To The Rule Of Law
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Author : Geert De Baere
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Contribution Of International And Supranational Courts To The Rule Of Law written by Geert De Baere and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
The Role Of National Courts In Applying International Humanitarian Law
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Author : Sharon Weill
language : en
Publisher: OUP Oxford
Release Date : 2014-03-06
The Role Of National Courts In Applying International Humanitarian Law written by Sharon Weill and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-06 with Law categories.
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.
Separating Powers International Law Before National Courts
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Author : David Haljan
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-30
Separating Powers International Law Before National Courts written by David Haljan and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-30 with Law categories.
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
The Rule Of Law In International And Comparative Context
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Author : Robert McCorquodale
language : en
Publisher: BIICL
Release Date : 2010
The Rule Of Law In International And Comparative Context written by Robert McCorquodale and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Comparative law categories.
Includes bibliographical references and index.
International Law In Domestic Courts
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Author : Edda Kristjánsdóttir (oed.)
language : en
Publisher:
Release Date : 2012
International Law In Domestic Courts written by Edda Kristjánsdóttir (oed.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts categories.
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)