Full Description
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.
Contents
Preface
1: André Nollkaemper, Yuval Shany, and Antonios Tzanakopoulos: Engagement of Domestic Courts with International Law: Principled or Unprincipled
A. National and Regional Themes
2: Magnus Killander: Engagement of Domestic Courts with International Law in Anglophone Africa
3: Hannah Woolaver: Engagement of South African Domestic Courts with International Law
4: Dai Ruijun: Engagement of Chinese Courts with International Law
5: Osnat Grady Schwartz: Engagement of Israel's Supreme Court with International Law
6: Dakshinie Ruwanthika Gunarante: Engagement of Sri Lanka's Supreme Court with International Law in its Fundamental Rights Jurisdiction
7: Mónica Pinto and Nahuel Maisley: Engagement of Argentina's Supreme Court with International Law
8: Gib van Ert: Engagement of Canadian Courts with International Law
9: David Sloss: Engagement of United States Courts with International Law
10: Gentain Zyberi and Semir Sali: Engagement of Albanian Courts with International Law
11: Frédéric Dopagne: Engagement of Domestic Courts with International Law in Belgium
12: Shaheed Fatima KC: Engagement of English Courts with International Law
13: Zane Ratniece: Engagement of Kosovo's Domestic (Internationalized) Courts with International Law
14: Eva Maria Belser and Rekha Oleschak-Pillai: Engagement of Swiss Courts with International Law
B. Cross-Cutting Themes
15: Machiko Kanetake: Engagement of Domestic Courts with the Findings of United Nations Human Rights Treaty Monitoring Bodies
16: Andreas Kulick and Joel Dahlquist: A Paradoxical Engagement: International Investment Law and Arbitration before Domestic Courts
17: Sharon Weill: Engagement of Domestic Courts with International Humanitarian Law
18: Eleni Methymaki and Antonios Tzanakopoulos: 'Amp Up and Amplify: Defy!' The Engagement of Domestic Courts with International Sanctions
C. Annex
The ILA Study Group Final Report: Mapping the Engagement of Domestic Courts with International Law
