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International Law and Domestic Legal Systems

International Law and Domestic Legal Systems Incorporation, Transformation, and Persuasion

Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 9780199694907
Published In: October 2011
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Full overview of the formal regime for incorporating international law in different legal systems as well as of relevant domestic case law
Systematic comparison allows the drawing of interesting conclusions about the implementation of international law in 27 key countries
Shows how domestic developments, such as a move towards greater democratization, have influenced international law and vice versa
Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation.

This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.

Readership: Scholars and students of general international law, specifically with regard to the implementation of international law, and of comparative law; practitioners and legal advisers working or interested in the countries under consideration.

1: Dinah Shelton: Introduction
2: Alice DeJonge: Australia
3: Elizabeth Handl-Petz: Austria
4: Bianca Karim and Tirza Theunissen: Bangladesh
5: Stéphane Beaulac, John H. Currie: Canada
6: Jerry Z. LI and Sanzhuan Guo: China
7: Alexander J. Belohlavek: Czech Republic
8: Emmanuel Decaux: France
9: Hans-Peter Folz: Germany
10: Aggelos Yokaris: Greece
11: Ernszt Ildikô-Drinôczi Timea: Hungary
12: Talia Einhorn: Israel
13: Giuseppe Cataldi: Italy
14: Shin Hae Bong: Japan
15: Patrick Kinsch: Luxemburg
16: Evert A. Alkema: Netherlands
17: John Hopkins: New Zealand
18: Babafemi Akinrinade: Nigeria
19: Anna Wyrozumska: Poland
20: Francisco Ferreira de Almeida: Portugal
21: Yury Tikhomirov: Russia
22: Sanja Dajic: Serbia
23: Dagmar Lantajova: Slovakia
24: Erika de Wet: South Africa
25: Henry Onoria: Uganda
26: Stephen Neff: United Kingdom
27: Paul R. Dubinsky: United States
28: Eugenio Hernández-Bretón: Venezuela

Edited by Dinah Shelton, Manatt/Ahn Professor of International Law, George Washington University Law School, Washington DC

Professor Dinah Shelton holds the Manatt/Ahn Professorship in International Law at the George Washington University Law School, where she has taught since 2004. She previously taught international law and was director of the doctoral program in international human rights law at the University of Notre Dame Law School (1996-2004). Professor Shelton is the author of three prize-winning books, Protecting Human Rights in the Americas (co-authored with Thomas Buergenthal), Remedies in International Human Rights Law, and the three-volume Encyclopedia of Genocide and Crimes against Humanity. She has also authored many other articles and books on international law, human rights law, and international environmental law. She is a member of the board of editors of the American Journal of International Law. In June 2009, the General Assembly of the Organization of American States elected her to a four-year term as a member of the Inter-American Human Rights Commission.

Contributors:

Babafemi Akinrinade, Western Washington University
Evert Alkema, Leiden University
Stéphane Beaulac, University of Montreal
Alexander J. Belohlavek, Attorney-at-Law, Czech Republic
Shin Hae Bong, Aoyama Gakuin University, Tokyo
Giuseppe Cataldi, University of Naples <"L'Orientale>"
John H. Currie, University of Ottawa
Emmanuel Decaux, University Pantheon-Assas Paris II
Sanja Djajic, University of Novi Sad School of Law
Tímea Drinóczi, University of Pécs
Paul R. Dubinsky, Wayne State University Law School
Talia Einhorn, Ariel University Center
Ildikó Ernszt, Károli Gáspár University
Hans-Peter Folz, University of Augsburg
Sanzhuan Guo, Melbourne Law School
Elisabeth Handl-Petz, Austrian Federal Chancellery
Eugenio Hernández-Bretón, Universidad Central de Venezuela
John Hopkins, University of Canterbury Law School, Christchurch
Alice de Jonge, Monash University, Melbourne
Bianca Karim, Attorney, Washington, District of Columbia
Patrick Kinsch, University of Luxembourg
Dagmar Lantajová, Trnava University
Jerry Z. Li, attorney-at-law, China
Francisco António de Macedo Lucas Ferreira de Almeida, University of Coimbra.
Stephen C. Neff, University of Edinburgh
Henry Onoria, Makerere University
Tirza Theunissen, international consultant on governance
Yury Tikhomirov
Erika de Wet, University of Pretoria
Anna Wyrozumska, University of Lódz
Aggelos Yokaris, University of Athens

"This volume can be an invaluable reference for international practitioners and deserves a place in the professional library. It is a welcome addition to the growing literature on the subject of "international law in domestic courts."" - David P Stewart, International Judicial Monitor

"This new publication...is an excellent aide to anyone interested in understanding the implementation process in countries with diverse national legal systems." - Gillian Higgins .