The Engagement of Domestic Courts with International Law: Comparative Perspectives (International Law and Domestic Legal Orders) free ebook download.

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The Engagement of Domestic Courts with International Law: Comparative Perspectives (International Law and Domestic Legal Orders) free ebook download

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Author(s):	Andre Nollkaemper

Date:	2024	Format:	pdf	Language:	English	ISBN/ASIN:	0192864181
Pages:	464	OCR:		Quality:		ISBN13:
Uploader:	topron	Upload Date:	6/21/2024 2:34:34 AM

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0192864181 pdf
0192864181 pdf
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.
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Tags: Comparative Courts Domestic Domestic Engagement International International Legal Orders Perspectives

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