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Domestic Application of International Law: Focusing on Direct Applicability

Domestic Application of International Law: Focusing on Direct Applicability

Name: Domestic Application of International Law: Focusing on Direct Applicability
Brand: Brill Nijhoff
SKU: 9789004509863
Availability: InStock
Author: Yuji Iwasawa
ISBN: 9789004509863

By Yuji Iwasawa

Brill Nijhoff November 2022

Specifications

ISBN-13: 9789004509863
Publisher: Brill Nijhoff
Publication: November 2022
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

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Details

This book analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues that international law is presumed to be directly applicable, that the criteria for direct applicability are grounds to exclude rather than establish direct applicability, and that the positive intent of the parties should not be a criterion. It contends that direct applicability is a question of domestic law and that domestic legal force is a prerequisite for direct applicability. It also advocates a relative approach.

Preface

Abbreviations

Table of Cases

Chapter 1 Introduction

Chapter 2 Concept of Direct Applicability: The International Approach

Chapter 3 The Doctrine of Self-Executing Treaties in the United States

Chapter 4 Direct Effect of European Union Law

Chapter 5 Domestic Application of International Law: A Framework of Analysis

Chapter 6 Customary International Law and Acts of International Organizations

Chapter 7 Judgments of International Courts

Conclusion

Restricted Access

Bibliography

Index

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