Judging International Judgments Anew? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Judgments Anew? write by Raffaela Kunz. This book was released on 2019. Judging International Judgments Anew? available in PDF, EPUB and Kindle. In recent times, instances of contestation of the ECtHR and the IACtHR make headlines, and in many of these cases domestic courts play a role by refusing to follow the human rights courts or even declaring their judgments to be unconstitutional. This paper undertakes an in-depth analysis of these instances of judicial resistance and puts them into context. This shows that domestic courts, even though originally not having been allocated this role, have become important 'compliance partners' of the human rights courts and now play an important and autonomous role in the implementation of their judgments. At the same time, they act as 'gatekeepers' and limit their effects in the domestic order. Recent cases even suggest a turn to a less open and more national self-perception of domestic courts. While this to some extent reflects the multiple - and sometimes conflicting - roles domestic courts perform at the intersection of legal orders, the paper argues that the open and flexible stance many domestic courts take when faced with international judgments is better suited to cope with the complex and plural legal reality than systematically judging anew on matters already decided by the human rights courts.
Judging International Judgments
Judging International Judgments - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging International Judgments write by Mark Movsesian. This book was released on 2007. Judging International Judgments available in PDF, EPUB and Kindle. This article explores the Supreme Court's decision last term in Sanchez-Llamas v. Oregon. In Sanchez-Llamas, the Court considered the effect that rulings of international tribunals - what I call "international judgments" - should have in American courts. The main opinions in the case mirror a scholarly debate that has raged for the last decade. The Court's opinion adopts a dualist position, under which international judgments have only information value. The dissent, by contrast, adopts the comity model that has gained considerable academic support in recent years. Under that model, American courts defer to international judgments, where possible, in the interests of global uniformity. I argue that the Court's position is the better one. The dualist approach allows domestic courts to balance the competing demands of international order and local autonomy. The comity model, by contrast, draws support from inapposite regional analogies and fails to solve the legitimacy problems that international courts present. In rejecting the comity model, the Sanchez-Llamas Court casts doubt on the long-term prospects of comity scholarship and assures that the American approach to international judgments will be a sensible one.
Judges, Law and War
Judges, Law and War - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judges, Law and War write by Shane Darcy. This book was released on 2014-08-07. Judges, Law and War available in PDF, EPUB and Kindle. This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Great Judgments of the European Court of Justice
Great Judgments of the European Court of Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Great Judgments of the European Court of Justice write by William Phelan. This book was released on 2019-06-13. Great Judgments of the European Court of Justice available in PDF, EPUB and Kindle. Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Principled Resistance to ECtHR Judgments - A New Paradigm?
Principled Resistance to ECtHR Judgments - A New Paradigm? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Principled Resistance to ECtHR Judgments - A New Paradigm? write by Marten Breuer. This book was released on 2019-07-17. Principled Resistance to ECtHR Judgments - A New Paradigm? available in PDF, EPUB and Kindle. The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.
