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.
Domestic Courts and the Interpretation of International Law
Domestic Courts and the Interpretation 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 Domestic Courts and the Interpretation of International Law write by Odile Ammann. This book was released on 2019-11-11. Domestic Courts and the Interpretation of International Law available in PDF, EPUB and Kindle. 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.
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 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 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.
