Domestic Application of International Law: Focusing on Direct Applicability

International Law

Domestic Application of International Law: Focusing on Direct Applicability

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.

Table of Contents

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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