The Interpretation of International Law by Domestic Courts

The Interpretation of International Law by Domestic Courts
Author :
Publisher : Oxford University Press
Total Pages : 384
Release :
ISBN-10 : 9780191059414
ISBN-13 : 0191059412
Rating : 4/5 (14 Downloads)

Book Synopsis The Interpretation of International Law by Domestic Courts by : Helmut Philipp Aust

Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016-01-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.


The Interpretation of International Law by Domestic Courts Related Books

The Interpretation of International Law by Domestic Courts
Language: en
Pages: 384
Authors: Helmut Philipp Aust
Categories: Law
Type: BOOK - Published: 2016-01-21 - Publisher: Oxford University Press

DOWNLOAD EBOOK

The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whet
Domestic Courts and the Interpretation of International Law
Language: en
Pages: 401
Authors: Odile Ammann
Categories: Law
Type: BOOK - Published: 2019-11-11 - Publisher: BRILL

DOWNLOAD EBOOK

Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do an
International Law in Domestic Courts
Language: en
Pages: 769
Authors: Andre Nollkaemper
Categories: Law
Type: BOOK - Published: 2019-01-28 - Publisher: Oxford University Press, USA

DOWNLOAD EBOOK

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for m
The Engagement of Domestic Courts with International Law
Language: en
Pages: 465
Authors: Eleni Methymaki
Categories: Law
Type: BOOK - Published: 2024-04-11 - Publisher: Oxford University Press

DOWNLOAD EBOOK

The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts wit
Comparative Reasoning in International Courts and Tribunals
Language: en
Pages: 293
Authors: Daniel Peat
Categories: Law
Type: BOOK - Published: 2019-06-13 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.