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.
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 2016-01-22 with total page 401 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.
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.
Download or read book International Law Decisions in National Courts written by Franck and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint.
Download or read book Judges Law and War written by Shane Darcy and published by Cambridge University Press. This book was released on 2014-08-07 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
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.
Download or read book The Practice of International and National Courts and the De Fragmentation of International Law written by Ole Kristian Fauchald and published by Bloomsbury Publishing. This book was released on 2014-10-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Download or read book Separating Powers International Law before National Courts written by David Haljan and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law Decisions in National Courts written by Thomas M. Franck and published by Brill Nijhoff. This book was released on 1996 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint.
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.
Download or read book Domestic Courts and the Interpretation of International Law written by Odile Ammann and published by BRILL. This book was released on 2019-11-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Download or read book Judicial Decisions on the Law of International Organizations written by Cedric Ryngaert and published by Oxford University Press. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first casebook of its kind, Judicial Decisions on the Law of International Organizations contains relevant excerpts of leading court opinions and decisions on the law of international organizations (international institutional law) and critical commentaries written by leading experts in the field.
Download or read book Sources of International Law written by Martti Koskenniemi and published by Routledge. This book was released on 2017-07-05 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Download or read book Comparative International Law written by Anthea Roberts and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].
Download or read book Regulating Jurisdictional Relations Between National and International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2007-08-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Download or read book Cases Materials on International Law written by Martin Dixon and published by Oxford University Press. This book was released on 2016 with total page 795 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of Cases & Materials on International Law is a topical and engaging companion for study; placing international law directly in the context of contemporary debate. The book offers broad coverage of international law, and is an appropriate match for a range of courses and teaching styles.
Download or read book National Courts and the International Rule of Law written by Andre Nollkaemper and published by OUP Oxford. This book was released on 2011-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
