Separating Powers International Law Before National Courts PDF Download
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| Author | : David Haljan |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 335 |
| Release | : 2012-10-30 |
| Genre | : Law |
| ISBN | : 9067048585 |
Download Separating Powers: International Law before National Courts Book in PDF, ePub and Kindle
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
| Author | : André Nollkaemper |
| Publisher | : Oxford University Press |
| Total Pages | : 384 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0191652822 |
Download National Courts and the International Rule of Law Book in PDF, ePub and Kindle
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.
| Author | : Vaughan Lowe |
| Publisher | : OUP Oxford |
| Total Pages | : 144 |
| Release | : 2015-11-26 |
| Genre | : Law |
| ISBN | : 0191576204 |
Download International Law: A Very Short Introduction Book in PDF, ePub and Kindle
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
| Author | : Martin S. Flaherty |
| Publisher | : Princeton University Press |
| Total Pages | : 344 |
| Release | : 2022-05-17 |
| Genre | : Political Science |
| ISBN | : 0691204780 |
Download Restoring the Global Judiciary Book in PDF, ePub and Kindle
Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
| Author | : Davíd Thór Björgvinsson |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 200 |
| Release | : 2015-11-27 |
| Genre | : Law |
| ISBN | : 1785361872 |
Download The Intersection of International Law and Domestic Law Book 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.
| Author | : John Marshall Rogers |
| Publisher | : Ashgate Publishing |
| Total Pages | : 278 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : |
Download International Law and United States Law Book in PDF, ePub and Kindle
Public international law is a system of binding obligations in international relations. This accessible volume identifies, explains, and justifies the generally accepted role of public international law in the application of United States law by United States courts. It rejects the trendy idea of international law as a sort of "super-constitution" that "controls" the President or Congress; it also rejects the opposite extreme, that international law is no more than a policy consideration for the courts to consider. The middle position is justified by a careful balancing of two important national interests: constitutional separation of powers, and the ability of the United States to benefit from international law. "International law and United States law" is descriptive with respect to the overarching principles of public international law and US constitutional law, yet critical with respect to applications of (and failures to apply) public international law in specific cases. This authoritative work is an invaluable tool for judges and lawyers who rarely encounter international law, and also for students and others interested in the role of international law.
| Author | : Anthea Roberts |
| Publisher | : Oxford University Press |
| Total Pages | : 641 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0190697571 |
Download Comparative International Law Book in PDF, ePub and Kindle
"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].
| Author | : David Bilchitz |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 288 |
| Release | : 2018 |
| Genre | : |
| ISBN | : 1785369776 |
Download The Evolution of the Separation of Powers Book in PDF, ePub and Kindle
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
| Author | : United Nations. International Law Commission |
| Publisher | : |
| Total Pages | : 306 |
| Release | : 2007 |
| Genre | : Conflict of laws |
| ISBN | : 9789521023378 |
Download Fragmentation of International Law Book in PDF, ePub and Kindle
| Author | : Ole Kristian Fauchald |
| Publisher | : Hart Publishing |
| Total Pages | : 382 |
| Release | : 2014-08-28 |
| Genre | : Law |
| ISBN | : 9781849466639 |
Download The Practice of International and National Courts and the (De-)Fragmentation of International Law Book in PDF, ePub and Kindle
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
