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The Role of Domestic Courts in Treaty Enforcement

The Role of Domestic Courts in Treaty Enforcement PDF Author: David Sloss
Publisher: Cambridge University Press
ISBN: 052187730X
Category : Law
Languages : en
Pages : 657

Book Description
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

The Role of Domestic Courts in Treaty Enforcement

The Role of Domestic Courts in Treaty Enforcement PDF Author: David Sloss
Publisher: Cambridge University Press
ISBN: 052187730X
Category : Law
Languages : en
Pages : 657

Book Description
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

Enforcing International Human Rights in Domestic Courts

Enforcing International Human Rights in Domestic Courts PDF Author: Benedetto Conforti
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103932
Category : Political Science
Languages : en
Pages : 490

Book Description
CASES - Michael J. Churgin.

International Law in Domestic Courts

International Law in Domestic Courts PDF Author: Andre Nollkaemper
Publisher: Oxford University Press, USA
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.

Enforcing International Human Rights in Domestic Courts

Enforcing International Human Rights in Domestic Courts PDF Author: Benedetto Conforti
Publisher: BRILL
ISBN: 9004481702
Category : Law
Languages : en
Pages : 485

Book Description
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.

Research Handbook on the Politics of International Law

Research Handbook on the Politics of International Law PDF Author: Wayne Sandholtz
Publisher: Edward Elgar Publishing
ISBN: 1783473983
Category : Law
Languages : en
Pages : 608

Book Description
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.

A Farewell to Fragmentation

A Farewell to Fragmentation PDF Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605

Book Description
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

National Courts and the International Rule of Law

National Courts and the International Rule of Law PDF Author: André Nollkaemper
Publisher: Oxford University Press
ISBN: 0191652822
Category : Law
Languages : en
Pages : 384

Book Description
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.

Comparative International Law

Comparative International Law PDF Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190697571
Category : Law
Languages : en
Pages : 641

Book Description
"The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].

The Limits of Leviathan

The Limits of Leviathan PDF Author: Robert E. Scott
Publisher: Cambridge University Press
ISBN: 1139460285
Category : Law
Languages : en
Pages : 215

Book Description
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

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.