Suchergebnisse

This article explores the relevance of the law of international
responsibility to the practice of domestic courts. In addition to proposing
analytical distinctions that allow us to systematize and differentiate
domestic case law pertaining to international responsibility, the article
essentially advances three arguments. First, in certain circumstances
domestic courts may find that a breach of an international obligation by the
forum state constitutes an internationally wrongful act. Principles of
international responsibility may be applicable to such a wrong. Second,
domestic courts may contribute to the implementation of the international
responsibility of states by ensuring that principles of cessation and
reparation are given effect. Third, international law leaves much leeway to
states and their courts in applying principles of international
responsibility in a specific domestic legal and factual context. The
application of such principles will be colored by their interaction with
domestic law and will vary among states.

This book examines sovereign debt litigation before the English and New York courts. The book sets out parties' litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. It provides timely clarity and critical analysis of a growing area of law.

PART I: SOURCING INTERNATIONAL LAW -- 1. INTERNATIONAL LAW IN DOMESTIC PRACTICE AREAS -- 2. SOURCES OF INTERNATIONAL LAW -- PART II: USING INCORPORATING STATUTES AND INCORPORATED TREATIES -- 3. INCORPORATING STATUTES -- 4. INTERPRETING TREATIES: GENERAL PRINCIPLES -- 5. INTERPRETING TREATIES: SUPPLEMENTARY MEANS -- 6. THE EUROPEAN COMMUNITIES ACT 1972: A DIRECTLY INCORPORATING STATUTE -- 7. THE HUMAN RIGHTS ACT 1998: AN INDIRECTLY INCORPORATING STATUTE -- PART III: USING UNINCORPORATED TREATIES -- 8. UNINCORPORATED TREATIES -- 9. UNINCORPORATED TREATIES AND LEGISLATION -- 10. UNINCORPORATED TREATIES AND COMMON LAW -- 11. UNINCORPORATED TREATIES, DISCRETION AND LEGITIMATE EXPECTATIONS -- PART IV: JUDICIAL RESTRAINT, ACT OF STATE AND CUSTOMARY INTERNATIONAL LAW -- 12. JUDICIAL RESTRAINT AND ACT OF STATE -- 13. CUSTOMARY INTERNATIONAL LAW

Intro -- Title Page -- Copyright Page -- Table of Contents -- FOREWORD -- CONTRIBUTORS -- PRINCIPAL ABBREVIATIONS -- PART I NATIONAL COURTS AND INTERNATIONAL HUMAN RIGHTS: -- 1. NATIONAL COURTS AND THE INTERNATIONAL LAW OF HUMAN RIGHTS -- 2. THE JURISPRUDENCE OF INTERNATIONAL HUMAN RIGHTS ENFORCEMENT: REFLECTIONS ON THE ITALIAN EXPERIENCE -- PART II COMPARATIVE MODELS FOR NATIONAL ENFORCEMENT: -- 3. THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS: THE UNITED KINGDOM -- 4. THE APPLICATION BY ITALIAN COURTS OF HUMAN RIGHTS TREATY LAW -- 5. THE ROLE OF GERMAN COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 6. A REPORT ON THE ROLE OF FRENCH JUDGES IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS -- 7. THE IMPLEMENTATION OF THE INTERNATIONAL LAW OF HUMAN RIGHTS BY THE JUDICIARY: NEW TRENDS IN THE LIGHT OF THE CHILEAN EXPERIENCE -- 8. DIRECT APPLICABILITY OF HUMAN RIGHTS CONVENTIONS WITHIN THE INTERNAL LEGAL ORDER: THE SITUATION IN ARGENTINA -- 9. THE ROLE OF DOMESTIC COURTS IN THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS-A VIEW FROM AUSTRIA -- 10. INTERNATIONAL HUMAN RIGHTS STANDARDS IN NATIONAL LAW: THE JURISPRUDENCE OF THE UNITED STATES -- 11. THE ATTITUDE OF THE SUPREME COURT OF ISRAEL TOWARDS THE IMPLEMENTATION OF THE INTERNATIONAL LAW OF HUMAN RIGHTS -- 12. INTERNATIONAL HUMAN RIGHTS ADJUDICATION IN JAPAN -- 13. INTERNATIONAL HUMAN RIGHTS LAW IN CANADIAN COURTS -- 14. THE ROLE OF DOMESTIC COURTS IN THE ADJUDICATION OF INTERNATIONAL HUMAN RIGHTS: A SURVEY OF THE PRACTICE AND PROBLEMS IN CHINA -- PART III CONTROVERSIAL ISSUES: -- 15. THE ROLE OF THE COURTS OF THE UNITED STATES IN ASYLUM CASES -- 16. IMMUNITY OF STATE ORGANS AND DEFENCE OF SUPERIOR ORDERS AS AN OBSTACLE TO THE DOMESTIC ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS.