The Relationship Between International And Domestic Law
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The Relationship Between International And Domestic Law
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Author : Kōnstantinos P. Oikonomidēs
language : en
Publisher: Council of Europe
Release Date : 1993-01-01
The Relationship Between International And Domestic Law written by Kōnstantinos P. Oikonomidēs and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Political Science categories.
On cover: Collection: Science and technique of democracy
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.
The Relationship Between International And Domestic Law
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 1993-01-01
The Relationship Between International And Domestic Law written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Political Science categories.
On cover: Collection: Science and technique of democracy
The Fluid State
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Author : Hilary Charlesworth
language : en
Publisher: Federation Press
Release Date : 2005
The Fluid State written by Hilary Charlesworth and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived 'democratic deficit' in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere? The contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.
The Intersection Of International Law And Domestic Law
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Author : Davíð Þór Björgvinsson
language : en
Publisher:
Release Date : 2015
The Intersection Of International Law And Domestic Law written by Davíð Þór Björgvinsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with International and municipal law categories.
[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.
The International Dimension Of Human Rights
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Author : Claudia Martin
language : en
Publisher: Inter-American Development Bank
Release Date : 2001-01-01
The International Dimension Of Human Rights written by Claudia Martin and has been published by Inter-American Development Bank this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Business & Economics categories.
The International Dimension of Human Rights includes extracts of judgments, reports and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. This casebook has been divided into seven chapters that deal with the following topics: basic notions of international law; the relationship between international law and domestic law; the right to an effective remedy; the right to liberty and security of persons and the right not to be tortured; the right to a fair trial; economic, social and cultural rights; and other aspects of international protection of human rights, such as the rights of women, the rights of indigenous peoples and environmental rights. The casebook also includes the most relevant international treaties on human rights adopted by the Inter-American, universal and European systems.
Tax Treaties And Domestic Law
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Author : Guglielmo Maisto
language : en
Publisher: IBFD
Release Date : 2006
Tax Treaties And Domestic Law written by Guglielmo Maisto and has been published by IBFD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Double taxation categories.
This book analyses the relationships between tax treaties and domestic law from a constitutional and an international point of view, and how they can be improved in the fields of treaty override, treaty residence and anti-abuse measures. It also shows how the issues raised by these relationships are resolved by tax administrations and courts in selected European and non-European countries.
Elgar Encyclopedia Of International Economic Law
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Author : Thomas Cottier
language : en
Publisher:
Release Date : 2017
Elgar Encyclopedia Of International Economic Law written by Thomas Cottier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Foreign trade regulation categories.
"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--
New Perspectives On The Divide Between National And International Law
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Author : André Nollkaemper
language : en
Publisher: Oxford University Press on Demand
Release Date : 2007
New Perspectives On The Divide Between National And International Law written by André Nollkaemper and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
Research Handbook On International Law And Domestic Legal Systems
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Author : Helmut P Aust
language : en
Publisher:
Release Date : 2024-10-28
Research Handbook On International Law And Domestic Legal Systems written by Helmut P Aust and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-28 with Law categories.
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order. Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world. The Research Handbook on International Law and Domestic Legal Systems is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.