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The Intersection of International Law and Domestic Law

The Intersection of International Law and Domestic Law PDF Author: Davíd Thór Björgvinsson
Publisher: Edward Elgar Publishing
ISBN: 1785361872
Category : Law
Languages : en
Pages : 201

Book Description
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 Intersection of International Law and Domestic Law

The Intersection of International Law and Domestic Law PDF Author: Davíd Thór Björgvinsson
Publisher: Edward Elgar Publishing
ISBN: 1785361872
Category : Law
Languages : en
Pages : 201

Book Description
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.

Mobilizing for Human Rights

Mobilizing for Human Rights PDF Author: Beth A. Simmons
Publisher: Cambridge University Press
ISBN: 0521885108
Category : Law
Languages : en
Pages : 473

Book Description
Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

Home and International Law

Home and International Law PDF Author: Henrietta Zeffert
Publisher: Taylor & Francis
ISBN: 1003854605
Category : Law
Languages : en
Pages : 185

Book Description
This book is about home and international law. More specifically, it is about the profound, and frequently devastating, transformations of home that are happening almost everywhere in the world today and what international law has to do with them. Through three stories of home – the desert home, the lake home and the city home – this book traces how the everyday operations of international law shape the material, affective and imaginative experience of home. It argues that international law’s ‘homemaking work’ is characterised by acts of domination, practices of resistance and the production of unhomely spaces. However, the book also considers whether and how the liberatory potential of international law could be unlocked through the metaphor of home. This book draws from fieldwork conducted by the author in Palestine, Cambodia and the United Kingdom. It takes a global socio-legal approach to home and international law, informed by feminist political theory, feminist geography, home studies and contemporary critical approaches to international law. It is the first academic work to examine the relationship between home and international law. This book’s global socio-legal approach to home and international law will be of interest to those teaching and studying in international law, socio-legal studies, legal pluralism and legal geography.

Using International Law in Domestic Courts

Using International Law in Domestic Courts PDF Author: Shaheed Fatima KC
Publisher: Bloomsbury Publishing
ISBN: 1847310524
Category : Law
Languages : en
Pages : 500

Book Description
International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

International Law in Domestic Courts

International Law in Domestic Courts PDF Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769

Book Description
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.

Mobilising International Law for 'Global Justice'

Mobilising International Law for 'Global Justice' PDF Author: Jeff Handmaker
Publisher: Cambridge University Press
ISBN: 1108497942
Category : History
Languages : en
Pages : 265

Book Description
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.

Research Handbook on International Law and Cities

Research Handbook on International Law and Cities PDF Author: Aust, Helmut P.
Publisher: Edward Elgar Publishing
ISBN: 1788973283
Category : Law
Languages : en
Pages : 512

Book Description
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.

Is International Law International?

Is International Law International? PDF Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433

Book Description
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

How to Do Things with International Law

How to Do Things with International Law PDF Author: Ian Hurd
Publisher: Princeton University Press
ISBN: 0691196508
Category : Law
Languages : en
Pages : 200

Book Description
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.

International Law and the Politics of History

International Law and the Politics of History PDF Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395

Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.