Role of Domestic Courts in Treaty Enforcement A Comparative Study

Author: David Sloss
Publisher: Cambridge University Press
ISBN: 9780521877305
Published In: December 2009
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

The analysis shows that domestic courts in eight of the twelve countries – Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom – generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States.

In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. U.S. courts’ reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

Provides a comparative analysis of the role played by domestic courts in the application of treaties
Shows that domestic courts in many countries actually do enforce treaty-based rights on behalf of private parties

Contents:: 1. Introduction; David Sloss; 2. Does international law obligate states to open their national courts to persons for the invocation of treaty norms that protect or benefit persons?; Sean D. Murphy; 3. Australia; Donald R. Rothwell; 4. Canada; Gib Van Ert; 5. China; Xue Hanqin and Jin Qian; 6. Germany; Andreas Paulus; 7. India; Nihal Jayawickrama; 8. Israel; David Kretzmer; 9. Netherlands; Andre Nollkaemper; 10. Poland Lech Garlicki,; Małgorzata Masternak-Kubiak, and Krzysztof Wójtowicz; 11. Russia; William E. Butler; 12. South Africa; John Dugard; 13. United Kingdom; Anthony Aust; 14. United States; David Sloss; 15. The role of domestic courts in treaty enforcement: summary and conclusions; Michael P. Van Alstine.