National Courts and the International Rule of Law - 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 National Courts and the International Rule of Law write by André Nollkaemper. This book was released on 2012. National Courts and the International Rule of Law available in PDF, EPUB and Kindle. 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.
National Courts and the International Rule of Law
National Courts and the International Rule of Law - 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 National Courts and the International Rule of Law write by Andre Nollkaemper. This book was released on 2011-02-24. National Courts and the International Rule of Law available in PDF, EPUB and Kindle. 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.
The Interpretation of International Law by Domestic Courts
The Interpretation of International Law by Domestic Courts - 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 The Interpretation of International Law by Domestic Courts write by Helmut Philipp Aust. This book was released on 2016-01-22. The Interpretation of International Law by Domestic Courts available in PDF, EPUB and Kindle. 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.
National Courts and the International Rule of Law
National Courts and the International Rule of Law - 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 National Courts and the International Rule of Law write by . This book was released on 2011. National Courts and the International Rule of Law available in PDF, EPUB and Kindle.
The Rule of Law at the National and International Levels
The Rule of Law at the National and International Levels - 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 The Rule of Law at the National and International Levels write by Machiko Kanetake. This book was released on 2016-04-21. The Rule of Law at the National and International Levels available in PDF, EPUB and Kindle. This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
