Foreign And Domestic Law

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361872
Total Pages : 200 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Intersection of International Law and Domestic Law written by Davíd Thór Björgvinsson and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Author : Marci Hoffman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204806
Total Pages : 413 pages
Book Rating : 4.05/5 ( download)

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Download or read book International and Foreign Legal Research written by Marci Hoffman and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.

Author : Curtis A. Bradley
Publisher : Oxford University Press
ISBN 13 : 0190653353
Total Pages : 992 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Author : Iwasawa
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004640657
Total Pages : 636 pages
Book Rating : 4.58/5 ( download)

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Download or read book Trilateral Perspectives on International Legal Issues: Relevance of Domestic Law and Policy written by Iwasawa and published by Martinus Nijhoff Publishers. This book was released on 2023-11-27 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published under the auspices of the American Society of International Law. This book provides a valuable discussion of international law-making, dispute resolution, and international enforcement. . . Receil, Vol. 7, Issue 2 Prominent international law experts from the U.S., Japan, and Canada discuss some of the vital matters "afloat" in the intersecting areas of national and international law, including important issues relating to the Law of the Sea, Environmental Law, Extraterritorial Application of Domestic Law in the Fields of Trade and Economic Regulation, Japan-North American Economic Frictions, and other developments in the post-Cold War world. Published under the Transnational Publishers imprint.

Author : Sara McLaughlin Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1139501194
Total Pages : 279 pages
Book Rating : 4.94/5 ( download)

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Download or read book Domestic Law Goes Global written by Sara McLaughlin Mitchell and published by Cambridge University Press. This book was released on 2011-04-14 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.

Author : Vaughan Lowe
Publisher : OUP Oxford
ISBN 13 : 0191576204
Total Pages : 144 pages
Book Rating : 4.01/5 ( download)

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Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Curtis A. Bradley
Publisher : Oxford University Press
ISBN 13 : 0197525636
Total Pages : 409 pages
Book Rating : 4.30/5 ( download)

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Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Author : Jarrod Hepburn
Publisher : Oxford University Press
ISBN 13 : 0191088684
Total Pages : 305 pages
Book Rating : 4.81/5 ( download)

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Download or read book Domestic Law in International Investment Arbitration written by Jarrod Hepburn and published by Oxford University Press. This book was released on 2017-03-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

Author : Andre Nollkaemper
Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.46/5 ( download)

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Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : August Reinisch
Publisher : OUP Oxford
ISBN 13 : 0191668737
Total Pages : 396 pages
Book Rating : 4.39/5 ( download)

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Download or read book The Privileges and Immunities of International Organizations in Domestic Courts written by August Reinisch and published by OUP Oxford. This book was released on 2013-09-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.