The Engagement of Domestic Courts with International 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 The Engagement of Domestic Courts with International Law write by Eleni Methymaki. This book was released on 2024-04-11. The Engagement of Domestic Courts with International Law available in PDF, EPUB and Kindle. 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
The Engagement of Domestic Courts with International 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 The Engagement of Domestic Courts with International Law write by André Nollkaemper. This book was released on 2024-07-11. The Engagement of Domestic Courts with International Law available in PDF, EPUB and Kindle. 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.
International Law in Domestic Courts
International Law in 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 International Law in Domestic Courts write by André Nollkaemper. This book was released on 2018. International Law in Domestic Courts available in PDF, EPUB and Kindle. 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 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.
General Principles as a Source of International Law
General Principles as a Source of International 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 General Principles as a Source of International Law write by Imogen Saunders. This book was released on 2021-02-25. General Principles as a Source of International Law available in PDF, EPUB and Kindle. This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.
