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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?

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.

This book is an updated version of the General Course on public international law given by the author in French at the Hague Academy of International Law in 1988. It provides an outline of the Law of Nations in a perspective that focuses on its application and development through domestic courts and other `legal actors'. It is based on the idea that international law is no longer the exclusive province of diplomats but must evolve under the guidance of all State organs charged with applying the law

This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law , published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research

"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 collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area

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