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Research Handbook on International Law and Domestic Legal Systems

Research Handbook on International Law and Domestic Legal Systems

Author: Helmut Philipp Aust; Heike Krieger; Felix Lange
Publisher: Edward Elgar Publishing
ISBN: 9781800373150
Published In: October 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.

Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.

The Research Handbook on International Law and Domestic Legal Systems/i> is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.

Preface xiv

Introduction: the domestic and the international in context 1

Felix Lange, Helmut Philipp Aust and Heike Krieger

PART I. IDEAS

Domestic politics and international relations 20

Andrew Hurrell

The ‘domestic’ and ‘international’: a brief conceptual history 37

Martin Clark

Domestic law and ‘civilized states’: the general principles of law revisited 57

Imogen Saunders and Ntina Tzouvala

Demands of the international on the domestic 78

Jure Vidmar

From domestic law to international law: the acceptance of domestic legal rules between deference and autonomy 99

Paolo Palchetti

Analogizing the intersection of international law and domestic law: the European and American experience 114

Russell A. Miller

PART II. TECHNIQUES

International law-making: domestic channels to express consent to be bound 143

Thomas Kleinlein

International and national law: who has the last word? 166

Geir Ulfstein

10.

International human rights and constitutional protections – towards a presumption of compatibility 182

Tamar Hostovsky Brandes

11.

Undermining, resisting or developing international law? Domestic deviations from international law 200

Apollin Koagne Zouapet

12.

The expansion of constitutional protections through international law 219

Praggya Surana

13.

Conventionality control in the Inter-American system of human rights and its reception in the Peruvian legal order 239

Natalia Torres Zúñiga

PART III. PERSPECTIVES

14.

Looking behind the façade of monism, dualism and pluralism 262

Dana Burchardt

15.

International law and domestic law – a conflict of laws? 280

Ralf Michaels

16.

Past and future of sovereign statehood 306

Andreas Paulus

17.

International law and populist critique 333

Paul Blokker

18.

Domestic governance as critique of international law: Beijing’s ‘SDG

authoritarianism’ and the contested future of human rights 352

Ryan Martínez Mitchell

19.

International law in domestic legal systems and the future of universality 375

Congyan Cai

20.

Cooperation and conflict: diverging trends in the relationship between international and domestic law 397

Heike Krieger, Felix Lange and Helmut Philipp Aust

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