National Courts and the International Rule of Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 February 2011
- ISBN 9780199236671
- Binding Hardback
- No. of pages386 pages
- Size 238x156x30 mm
- Weight 724 g
- Language English 0
Categories
Short description:
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 international law, focusing mainly on judicial control of exercise of public powers by states.
MoreLong description:
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 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 unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).
This book primarily explores what it is that international law requires, expects, or aspires that domestic courts do, and against this backdrop of what international law requires it seeks to map patterns of domestic practice in the actual or possible application of international law, and to determine what such patterns mean for the protection of the rule of international law.
As pointed out in the preface, international doctrine lacked a systematic analysis of the domestic judicial application of international law, one based not on a theorization of relations between domestic law and international law but on an accurate analysis of data emanating from the decisions of domestic courts. The gap has now been filled by this truly commendable work. The merit of this book, in our opinion, lies in the fact that it sheds light on numerous concepts in respect of which there is often uncertainty, specifically because their definition rests on solely theoretical constructs rather than on an objective analysis of practice.
Table of Contents:
Introduction
Conditions
Jurisdiction
Validity of International Law
Standing
Independence
Techniques
Direct Application
Interpretation
Review of Administrative Discretion
Procedural Law
Remedies
Prevention or Determination of International Wrongs?
Determination of International Wrongs
Key Features of the Implementation of International Responsibility
Remedies
Dilemmas
Finality
Legitimacy
Effectiveness
Fragmentation
