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The Engagement of Domestic Courts with International Law: Comparative Perspectives

The Engagement of Domestic Courts with International Law: Comparative Perspectives

Author: Andre Nollkaemper; Yuval Shany; Antonios Tzanakopoulos; Eleni Methymaki
Publisher: Oxford University Press
ISBN: 9780192864185
Published In: May 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.

Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law.

To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

Preface

1:Engagement of Domestic Courts with International Law: Principled or Unprincipled, André Nollkaemper, Yuval Shany, and Antonios Tzanakopoulos

A. National and Regional Themes

2:Engagement of Domestic Courts with International Law in Anglophone Africa, Magnus Killander

3:Engagement of South African Domestic Courts with International Law, Hannah Woolaver

4:Engagement of Chinese Courts with International Law, Dai Ruijun

5:Engagement of Israel's Supreme Court with International Law, Osnat Grady Schwartz

6:Engagement of Sri Lanka's Supreme Court with International Law in its Fundamental Rights Jurisdiction, Dakshinie Ruwanthika Gunarante

7:Engagement of Argentina's Supreme Court with International Law, Mónica Pinto and Nahuel Maisley

8:Engagement of Canadian Courts with International Law, Gib van Ert

9:Engagement of United States Courts with International Law, David Sloss

10:Engagement of Albanian Courts with International Law, Gentain Zyberi and Semir Sali

11:Engagement of Domestic Courts with International Law in Belgium, Frédéric Dopagne

12:Engagement of English Courts with International Law, Shaheed Fatima KC

13:Engagement of Kosovo's Domestic (Internationalized) Courts with International Law, Zane Ratniece

14:Engagement of Sw

B. Cross-Cutting Themes

15:Engagement of Domestic Courts with the Findings of United Nations Human Rights Treaty Monitoring Bodies, Machiko Kanetake

16:A Paradoxical Engagement: International Investment Law and Arbitration before Domestic Courts, Andreas Kulick and Joel Dahlquist Cullborg

17:Engagement of Domestic Courts with International Humanitarian Law, Sharon Weill

18:'Amp Up and Amplify: Defy!' The Engagement of Domestic Courts with International Sanctions, Eleni Methymaki and Antonios Tzanakopoulos

C. Annex

The ILA Study Group Final Report: Mapping the Engagement of Domestic Courts with International Law

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