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National Courts and the International Rule of Law
  • Language: en
  • Pages: 384

National Courts and the International Rule of Law

  • Categories: Law

This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is...

System Criminality in International Law
  • Language: en
  • Pages: 401

System Criminality in International Law

  • Categories: Law

How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?

The Practice of Shared Responsibility in International Law
  • Language: en
  • Pages: 1229

The Practice of Shared Responsibility in International Law

  • Categories: Law

This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

International Law as a Profession
  • Language: en
  • Pages: 471

International Law as a Profession

  • Categories: Law

This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.

New Perspectives on the Divide Between National and International Law
  • Language: en
  • Pages: 403

New Perspectives on the Divide Between National and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2007-11-01
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  • Publisher: OUP Oxford

This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand The traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed interna...

International Law in Domestic Courts
  • Language: en
  • Pages: 769

International Law in Domestic Courts

  • Categories: Law
  • Type: Book
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  • Published: 2018
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  • Publisher: Unknown

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Principles of Shared Responsibility in International Law
  • Language: en
  • Pages: 399

Principles of Shared Responsibility in International Law

  • Categories: Law

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

The Rule of Law at the National and International Levels
  • Language: en
  • Pages: 489

The Rule of Law at the National and International Levels

  • Categories: Law

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

National Courts and the International Rule of Law
  • Language: en
  • Pages: 337

National Courts and the International Rule of Law

  • Type: Book
  • -
  • Published: 2011
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  • Publisher: Unknown

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Rule of Law Dynamics
  • Language: en
  • Pages: 401

Rule of Law Dynamics

  • Categories: Law

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).