The Interpretation Of International Law By Domestic Courts
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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.
International Law In Domestic Courts
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Author : Andre Nollkaemper
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-01-28
International Law In Domestic Courts written by Andre Nollkaemper and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-28 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.
The Engagement Of Domestic Courts With International Law
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Author : Eleni Methymaki
language : en
Publisher: Oxford University Press
Release Date : 2024-04-11
The Engagement Of Domestic Courts With International Law written by Eleni Methymaki 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 2024-04-11 with Law categories.
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.
The Engagement Of Domestic Courts With International Law
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Author : André Nollkaemper
language : en
Publisher: Oxford University Press
Release Date : 2024-07-11
The Engagement Of Domestic Courts With International 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 2024-07-11 with Law categories.
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.
The Intersection Of International Law And Domestic Law
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Author : Davíd Thór Björgvinsson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Intersection Of International Law And Domestic Law written by Davíd Thór Björgvinsson 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.
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.
Domestic Courts And The Interpretation Of International Law
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Author : Odile Ammann
language : en
Publisher:
Release Date : 2019
Domestic Courts And The Interpretation Of International Law written by Odile Ammann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
International Law And The Role Of Domestic Legal Systems
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Author : Benedetto Conforti
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1993-06-24
International Law And The Role Of Domestic Legal Systems written by Benedetto Conforti and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-06-24 with Law categories.
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.
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.
International Law And Domestic Legal Systems
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press
Release Date : 2011-09-29
International Law And Domestic Legal Systems written by Dinah Shelton 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 2011-09-29 with Law categories.
By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.
Using International Law In Domestic Courts
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Author : Shaheed Fatima QC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-10-04
Using International Law In Domestic Courts written by Shaheed Fatima QC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-04 with Law categories.
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.