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Author : Benedetto Conforti
Publisher : Martinus Nijhoff Publishers
Page : 490 pages
File Size : 44,70 MB
Release : 1997-04-08
Category : Political Science
ISBN : 9789041103932
CASES - Michael J. Churgin.
Author : Benedetto Conforti
Publisher : BRILL
Page : 485 pages
File Size : 43,85 MB
Release : 2021-09-27
Category : Law
ISBN : 9004481702
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Author : David Sloss
Publisher : Cambridge University Press
Page : 657 pages
File Size : 38,51 MB
Release : 2009-10-12
Category : Law
ISBN : 052187730X
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Author : André Nollkaemper
Publisher :
Page : 769 pages
File Size : 10,78 MB
Release : 2018
Category : Law
ISBN : 0198739745
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 29,35 MB
Release : 2016-10-27
Category : Law
ISBN : 1107164303
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author : Erika De Wet
Publisher : Oxford University Press
Page : 365 pages
File Size : 15,11 MB
Release : 2012-03
Category : Law
ISBN : 0199647070
The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.
Author : Christophe N. Eick
Publisher :
Page : 538 pages
File Size : 44,84 MB
Release : 1987
Category : Human rights
ISBN :
Author : Chris Kendall
Publisher : University of Pennsylvania Press
Page : 257 pages
File Size : 25,23 MB
Release : 2024-07-16
Category : Political Science
ISBN : 1512826227
When do domestic courts protect international human rights? By the end of the twentieth century, the world had witnessed an unprecedented flourishing of international human rights law and a growing number of democratic states whose domestic institutions promised to protect those rights. A single institution often became the center of these efforts: the court. Advocates in newly democratized states could look to high courts to demand that their governments comply with international law and bring policy into line with liberal rhetoric. This process, however, put these young courts in a difficult position. With no deep well of historical legitimacy to draw on in new political environments, courts had to weigh high-minded legal principles against the limited resources or political preferences of elected governments. In such situations, how did these courts respond, and what strategies allowed some to successfully build their legitimacy over time while others faltered, succumbing to political pressure or suffering political backlash? In Between Possibility and Peril, Chris Kendall explores this dynamic in three states—Colombia, Mexico, and South Africa—in the twenty years following each country’s democratic transition. The case studies reveal a common pattern: what matters most is not international law itself, but a court’s ability to control its procedural environment. Control over these “rules of the game” allows a court to selectively engage international human rights issues that can enhance its legitimacy and build public support while avoiding those issues likely to put it in direct conflict with hostile political actors. The result is paradoxical—the most successful courts in the long term are those who in the short term often choose to disappoint rights advocates.
Author : Seokwoo Lee
Publisher : BRILL
Page : 343 pages
File Size : 27,6 MB
Release : 2019-12-16
Category : Law
ISBN : 9004415823
The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Author : Eleni Methymaki
Publisher : Oxford University Press
Page : 465 pages
File Size : 38,95 MB
Release : 2024-04-11
Category : Law
ISBN : 0192679171
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.