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Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of Illustrations -- List of Abbreviations -- Introduction -- Chapter 1 Municipal courts' decisions in the jurisprudence of the International Court of Justice -- 1.1 Questions of international law and municipal jurisprudence -- 1.1.1 Municipal courts' decisions and interpretation of treaties -- 1.1.2 Municipal courts' decisions and determination of customary rules -- 1.1.3 Municipal courts' decisions as subsidiary sources of international law -- 1.1.4 Jus cogens before the ICJ and municipal courts -- 1.1.5 International remedies and municipal courts' decisions -- 1.1.6 Influence of municipal courts' decisions on the jurisdiction of the ICJ and admissibility of cases -- 1.1.7 Procedural issues and (dis)analogy of national process of law -- 1.2 Questions of fact and municipal judicial decisions -- 1.2.1 Municipal courts' decisions and the subject-matter of a dispute before the ICJ -- 1.2.2 Municipal courts' decisions as effectivités -- 1.2.3 Fact-finding function of municipal courts and factual determinations of the ICJ -- 1.2.4 Questions of municipal law before the ICJ -- 1.3 ICJ's position vis-à-vis municipal courts and their role in the jurisprudence of the World Court -- 1.3.1 ICJ's competence to assess municipal judicial decisions -- 1.3.2 The ICJ as an ultimate criminal court of appeal? -- 1.3.3 Assessing the validity and scope of municipal courts' decisions -- 1.3.4 Distinguishing between the case at hand and the case before a municipal court -- 1.3.5 Role of municipal courts in implementing ICJ decisions -- 1.3.6 ICJ's directives to municipal courts -- 1.3.7 ICJ's citation of municipal courts' decisions -- 1.3.8 Capability of municipal courts in the field of international law -- Chapter 2 Enforcement of ICJ decisions in municipal courts.

Cover -- Table of Contents -- Contributors -- Editor's Note -- Árpád Passed Away … Personal Thoughts on a Quiet But Efficient Hungarian International Lawyer - in Memoriam Árpád Prandler (1930-2014) -- Part I Thematic Part: International Humanitarian Law, International Criminal Law and Human Rights Law -- 1 The Development of the International Human Rights Law with Specific Regard to the European Human Rights System -- 2 The European Court of Human Rights and Social Rights - Emerging Trends in Jurisprudence?

"British judges increasingly now pay attention to foreign case law when deciding domestic cases, and are required to interpret and apply international law in domestic courts and administer an international code of human rights. Tom Bingham examines the consequences of this increasingly internationalist outlook of British courts, including cases which rely on a range of foreign cases, cases where an international convention or principle is interpreted and cases in which human rights cases are decided in reliance on principles established elsewhere"--

This book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states

Intro -- Foreword -- Contents -- List of Contributors -- Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law -- I. Mutually Strengthening Dialogue -- II. Discerning Synergies and Shared Values in International Law -- III. Functional Commonalities in International Law -- IV. Exploring Linkages and Boundaries in International Law -- V. Conclusion -- Part I: Discerning Synergies and Shared Values in International Law -- 1. Connecting Public and Private International Law -- I. Introduction -- II. Sources -- III. Connections -- IV. Conclusions -- 2. Windows in International Law -- I. Introduction -- II. Roman Interpretation: Between Strict and Flexible Legal Analysis -- III. Private and Public International Law as Professionally Distinct Fields -- IV. New Descriptive Tools for Private and Public International Law -- V. Windows, (De)coders and Travellers in Private and Public International Law -- VI. Public International Law -- VII. Concluding Remarks -- 3. 'International' Rules in an Internal Setting -- I. Introduction -- II. Case Study: The United Kingdom -- III. Conclusion -- Part II: Functional Commonalities in International Law -- 4. Jurisdiction: Betwixt Unilateralism and Global Coordination -- I. Introduction -- II. Jurisdiction: 'Many, Too Many, Meanings' -- III. Trends towards a Global 'System'? -- IV. Bases of Jurisdiction -- V. Jurisdiction in Private International Law: Global Connectivity and 'Justice Pluralism' -- VI. Public International Law Jurisdiction: Somewhere between Law and Power -- VII. Improving Coordination of Jurisdictional Frameworks in Private and Public International Law -- VIII. Conclusions -- 5. On the Dwindling Divide between the Public and Private: The Role of Soft Law Instruments in Global Governance.

This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres

By definition, international law, once agreed upon and consented to, applies to all parties equally. This book explains that states at times adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. This work achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences

The substance of Dugard's International Law: A South African Perspective has undergone major changes to take account of new developments both on the international legal scene and in South Africa. The fifth edition presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad.

In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint

Introduction -- Jurisdiction -- Independence -- Applicable law -- Standing -- Direct effect -- Consistent interpretation -- Reparation -- Fragmentation -- Authority -- Supremacy restrained -- Concluding remarks : bringing together the international and the national rule of law.