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.
International Law In Domestic Courts
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Author : André Nollkaemper
language : en
Publisher:
Release Date : 2018
International Law In Domestic Courts written by André Nollkaemper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.
Rule Of Law Human Rights And Judicial Control Of Power
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2017-05-23
Rule Of Law Human Rights And Judicial Control Of Power written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-23 with Law categories.
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
The New Terrain Of International Law
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Author : Karen J. Alter
language : en
Publisher: Princeton University Press
Release Date : 2014-01-24
The New Terrain Of International Law written by Karen J. Alter and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-24 with Political Science categories.
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
The Role Of National Courts In Applying International Humanitarian Law
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Author : Sharon Weill
language : en
Publisher:
Release Date : 2014-02
The Role Of National Courts In Applying International Humanitarian Law written by Sharon Weill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with Law categories.
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.
Global Governance And The Emergence Of Global Institutions For The 21st Century
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Author : Augusto Lopez-Claros
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-23
Global Governance And The Emergence Of Global Institutions For The 21st Century written by Augusto Lopez-Claros 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 2020-01-23 with Law categories.
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
National Courts And The International Rule Of Law
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Author : André Nollkaemper
language : en
Publisher: OUP Oxford
Release Date : 2012-10-11
National Courts And The International Rule Of Law written by André 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 2012-10-11 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.
Regulating Jurisdictional Relations Between National And International Courts
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Author : Yuval Shany
language : en
Publisher: OUP Oxford
Release Date : 2009-02-26
Regulating Jurisdictional Relations Between National And International Courts written by Yuval Shany and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-26 with Law categories.
The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.
The International Rule Of Law
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Author : Heike Krieger
language : en
Publisher:
Release Date : 2019
The International Rule Of Law written by Heike Krieger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
The Interpretation Of International Law By Domestic Courts
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Author : Helmut Philipp Aust
language : en
Publisher: Oxford University Press
Release Date : 2016-01-22
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 2016-01-22 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.