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National Courts and the International Rule of Law

Andre Nollkaemper

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.001.0001
Subject:
Law, Public International Law

This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with ... More


Domestic Court Reactions to UN Security Council Sanctions

Antonios Tzanakopoulos

in Challenging Acts of International Organizations Before National Courts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter provides evidence that, while Kadi was an important decision, different perspectives on the underlying subject-matter were taken by various national courts. This is the due to the fact ... More


Challenging International Criminal Tribunals Before Domestic Courts

Jean d'Aspremont and Catherine Brölmann

in Challenging Acts of International Organizations Before National Courts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter demonstrates that in the field of international criminal law decisions of international courts and tribunals have recurrently been challenged before national courts. Since most ... More


Regulating Jurisdictional Relations Between National and International Courts

Yuval Shany

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.001.0001
Subject:
Law, Public International Law

The book seeks to investigate the growing jurisdictional interaction between national and international courts — i.e., their parallel involvement in the same or related disputes — in the light of ... More


Reparation

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0008
Subject:
Law, Public International Law

This chapter systematizes the relevant principles and patterns in domestic case-law providing for reparation for violations of international law. The chapter advances essentially three arguments. ... More


The Emergence of the International Community and the Divide Between International and Domestic Law

Andreas L Paulus

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0010
Subject:
Law, Public International Law

This chapter explores the extent to which modern recognition of an ‘ international community’ influences the relationship between international and national law. It shows that domestic courts do not ... More


MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES

Christoph Liebscher

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0009
Subject:
Law, Public International Law, Private International Law

This chapter considers the issues that arise when the activity (or inactivity) of domestic courts becomes an issue in investment arbitration. Topics covered include types of ‘denial of justice’; two ... More


The New Terrain of International Law: Courts, Politics, Rights

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0001
Subject:
Political Science, International Relations and Politics

This chapter explains the book's threefold goal. First, it reveals a paradigm change in creating and using international courts (ICs), leading to the creation of the new international judicial ... More


The Context and Emergence of Complementarity

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0003
Subject:
Law, Public International Law

This chapter places complementarity into the broader context of allocating the respective competences of international and domestic courts and tribunals. It traces the emergence of complementarity in ... More


Shifting Boundaries: The Authority of International Law 1

Mayo Moran

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0008
Subject:
Law, Public International Law

This chapter discusses the emergence and consequences of the notion of the influential authority of international law. It argues that much of our thinking on the relationship between international ... More


Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts:Should They be Introduced into International Law?

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0005
Subject:
Law, Public International Law

This chapter examines specific rules designed to regulate particular jurisdictional conflicts. It shows that there are few, if any, international standards that govern competition involving domestic ... More


New Perspectives on the Divide Between National and International Law

Janne E. Nijman and André Nollkaemper (eds)

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.001.0001
Subject:
Law, Public International Law

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 ... More


Asking National Courts to Correct the Over-flight Charges of Eurocontrol

Jakob Wurm

in Challenging Acts of International Organizations Before National Courts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter focuses on the field of civil aviation where the Brussels-based European Organisation for the Safety of Air Navigation (Eurocontrol) operates. The repeated challenge of ... More


Italy

Giuseppe Cataldi

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

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0013
Subject:
Law, Public International Law

In the Italian legal system, treaties are incorporated by means of the laws of ratification and must be consistent with the Constitution. Important indications on the relationship between treaties ... More


Judicial Determination

Antonios Tzanakopoulos

in Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199600762
eISBN:
9780191725210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600762.003.0004
Subject:
Law, Public International Law

Even if one may theoretically argue that Security Council action has engaged UN international responsibility, the question remains as to who is competent to determine that the UN has become ... More


International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa

Lourens du Plessis

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0012
Subject:
Law, Public International Law

This chapter addresses the approach to international law taken by the Constitutional Court of South Africa. It shows that the South African courts' openness to and positive disposition towards ... More


Epilogue

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0011
Subject:
Law, Comparative Law

The key question is whether enough remains of the traditional French republican package to counterbalance the dramatic procedural, doctrinal, institutional, and conceptual changes that have already ... More


Should the Implementation of International Rules by Domestic Courts be Bolstered?

Yuval Shany

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0016
Subject:
Law, Public International Law

Our traditional outlook on the world of adjudication regards domestic and international courts as two very different sets of institutions. Whereas domestic courts apply national law to disputes ... More


UNHCR and the Making of Refugee Law

Ingo Venzke

in How Interpretation Makes International Law: On Semantic Change and Normative Twists

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.003.0003
Subject:
Law, Public International Law, Philosophy of Law

This chapter generally introduces international bureaucracies as autonomous actors in the practice of interpretation and then illustrates in greater detail how the United Nations High Commissioner ... More


Domestic Courts Should Embrace Sound Interpretative Strategies in the Development of Human Rights-Oriented International Law

Massimo Iovane

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0046
Subject:
Law, Public International Law

There are two significant trends in how domestic courts are applying international law. In the first place, they are exploiting all the unifying and creative potential of customary international law ... More


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