State Succession in Municipal and International Law, II. International Relations
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 6, Heft 2, S. 258-259
ISSN: 0506-7286
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 6, Heft 2, S. 258-259
ISSN: 0506-7286
SSRN
In: The Hamlyn lectures
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
In: Nijhoff eBook titles
In: Raoul Wallenberg Institute human rights library v. 36
Preliminary Material /Christoffer C. Eriksen and Marius Emberland -- Introduction Polycentric Decision-making Structures and Fragmented Spheres of Law: /Ivar Alvik , Marius Emberland and Christoffer C. Eriksen -- New International Law and Its Doctrine Thinking Outside the "Westphalian Box": /Stéphane Beaulac -- Jurisdictional Competition between International Courts and Tribunals: /Nikolaos Lavranos -- International Relations and New International Law Piercing the Tattered Veil: /Antoine Buyse -- The Power of Administration: /Ole Jacob Sending -- Investment and Property The Hybrid Nature of Investment Treaty Arbitration – Straddling the National/International Divide /Ivar Alvik -- Competing Notions of Property Rights: /Ingunn Ikdahl -- Human Rights and Humanitarian Law International Human Rights Law and International Humanitarian Law: /Natasha Balendra -- Rapprochement and Misrecognition: /Kristin Bergtora Sandvik -- On the History of New International Law A Non-territorial Ethnic Network and the Making of Human Rights Law: /Moria Paz -- Internationalization of Criminal Law What's in the ICC for States? /Jo Stigen -- International Security and War 'Securitizing' Development: /Aristotle Constantinides -- Constitutional Underpinnings for Conscientious Objection in Allegiance to International Public Law Norms pertaining to War /Cecilia M. Bailliet -- Environmental Regulation Sustainable Development in Practice: /Christina Voigt -- What May Be the New International Environmental Law? /Nicolai Nyland.
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.
Conceptualizing comparative international law / Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg -- Methodological guidance : how to select and develop comparative international law case studies / Katerina Linos -- Comparative international law, foreign relations law and fragmentation : can the center hold? / Paul B. Stephan -- Why comparative international law needs international relations theory / Daniel Abebe -- The many fields of (German) international law / Nico Krisch -- Crimea and the South China Sea : connections and disconnects among Chinese, Russian, and western international lawyers / Anthea Roberts -- "Shioki (control)," "fuyo (dependency)," and sovereignty : the status of the Ryukyu kingdom in early-modern and modern times / Masaharu Yanagihara -- Comparative international law within, not against, international law : lessons from the international law commission / Mathias Forteau -- The continuing impact of French legal culture on the International Court of Justice / Mathilde Cohen -- International law in national legal systems: an empirical investigation / Pierre-Hugues Verdier & Mila Versteeg -- Objections to treaty reservations : a comparative approach to decentralized interpretation / Tom Ginsburg -- Intelligence communities and international law : a comparative approach / Ashley S. Deeks -- National legislatures : the foundations of comparative international law / Kevin L. Cope & Hooman Movassagh -- International law in Chinese courts during the rise of China / Congyan Cai -- The democratizing force of international law : human rights adjudication by the Indian Supreme Court / Neha Jain -- Case law in Russian approaches to international law : sovereign cautiousness of a semi-peripheral great power / Lauri Mälksoo -- Doing away with capital punishment in Russia : international law and the pursuit of domestic constitutional goals / Bakhtiyar Tuzmukhamedov -- Comparative views on the right to vote in international law : the case of prisoners' disenfranchisement / Shai Dothan -- When law migrates : refugees in comparative international law / Jill I. Goldenziel -- An asymmetric comparative international law approach to treaty interpretation : the CEDAW committee's tolerance of the Scandinavian states' progressive deviation / Alec Knight -- Comparative international law and human rights : a value-added approach / Christopher McCrudden -- CEDAW in national courts: a case study in operationalizing comparative international -- Law analysis in a human rights context / Christopher McCrudden -- The great promise of comparative public law for Latin America : towards ius commune americanum? / Alejandro Rodiles -- Who cares about regulatory space in bits? : a comparative international approach / Tomer Broude, Yoram Z. Haftel & Alexander Thompson -- Africa and the rethinking of international investment law : about the elaboration of the Pan-African Investment Code / Makane Moïse Mbengue & Stefanie Schacherer -- Not so treacherous waters of international maritime law : Islamic law states and the UN Convention on the Law of the Sea / Emilia Justyna Powell
In: Edward Elgar books
In: Elgaronline
In: Law 2015
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
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
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity
In: The international & comparative law quarterly: ICLQ, Band 13, Heft 1, S. 78-95
ISSN: 1471-6895
In: International Law - Book Archive pre-2000
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
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 10, Heft 1, S. 82
ISSN: 1741-6191
In: Brill Book Archive Part 1, ISBN: 9789004472495
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