The Intersection of International Law and Domestic Law

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Release : 2015-11-27
Genre : Law
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Book Rating : 872/5 ( reviews)

The Intersection of International Law and Domestic 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 Intersection of International Law and Domestic Law write by Davíd Thór Björgvinsson. This book was released on 2015-11-27. The Intersection of International Law and Domestic Law available in PDF, EPUB and Kindle. What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Beyond Human Rights

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Release : 2016-10-27
Genre : Law
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Book Rating : 303/5 ( reviews)

Beyond Human Rights - 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 Beyond Human Rights write by Anne Peters. This book was released on 2016-10-27. Beyond Human Rights available in PDF, EPUB and Kindle. Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The Intersection of International Law and Domestic Law

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Release : 2015
Genre : International and municipal law
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Book Rating : 869/5 ( reviews)

The Intersection of International Law and Domestic 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 Intersection of International Law and Domestic Law write by Davíð Þór Björgvinsson. This book was released on 2015. The Intersection of International Law and Domestic Law available in PDF, EPUB and Kindle. [This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' - Páll Hreinsson, EFTA-Court 'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' - Gudmundur Alfredsson, University of Akureyri, Iceland What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

The Interpretation of International Law by Domestic Courts

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Release : 2016-01-22
Genre : Law
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Book Rating : 412/5 ( reviews)

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.

The Intersection of International Law and Domestic Law

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The Intersection of International Law and Domestic 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 Intersection of International Law and Domestic Law write by . This book was released on . The Intersection of International Law and Domestic Law available in PDF, EPUB and Kindle.