The Practice Of International And National Courts And The De Fragmentation Of International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Practice Of International And National Courts And The De Fragmentation Of International Law PDF full book. Access full book title The Practice Of International And National Courts And The De Fragmentation Of International Law.
Author | : Ole Kristian Fauchald |
Publisher | : Bloomsbury Publishing |
Total Pages | : 382 |
Release | : 2014-10-01 |
Genre | : Law |
ISBN | : 1847319157 |
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.
Author | : Helmut Philipp Aust |
Publisher | : Oxford University Press |
Total Pages | : 401 |
Release | : 2016-01-22 |
Genre | : Law |
ISBN | : 0191059412 |
Download The Interpretation of International Law by Domestic Courts Book 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.
Author | : Andrzej Jakubowski |
Publisher | : Routledge |
Total Pages | : 319 |
Release | : 2016-07-01 |
Genre | : Law |
ISBN | : 1317312287 |
Download Fragmentation vs the Constitutionalisation of International Law Book in PDF, ePub and Kindle
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
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 | : Mads Tønnesson Andenæs |
Publisher | : Cambridge University Press |
Total Pages | : 605 |
Release | : 2015-10-09 |
Genre | : Law |
ISBN | : 1107082099 |
Download A Farewell to Fragmentation Book in PDF, ePub and Kindle
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.
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 | : Rhonda Ferguson |
Publisher | : BRILL |
Total Pages | : 305 |
Release | : 2018-01-03 |
Genre | : Law |
ISBN | : 9004345302 |
Download The Right to Food and the World Trade Organization's Rules on Agriculture Book in PDF, ePub and Kindle
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Author | : Mads Andenas |
Publisher | : Cambridge University Press |
Total Pages | : 605 |
Release | : 2015-10-09 |
Genre | : Law |
ISBN | : 1316368610 |
Download A Farewell to Fragmentation Book in PDF, ePub and Kindle
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Author | : Margaret A. Young |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139504932 |
Download Regime Interaction in International Law Book in PDF, ePub and Kindle
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author | : William Schabas |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : International courts |
ISBN | : 9781782547778 |
Download International Courts and Tribunals Book in PDF, ePub and Kindle
Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.