基本説明
Case-study analysis of transnational judicial dialogue in nine European states helps readers understand the obstacles associated with the emergence of a judicial dialogue between common law and civil law countries.
Full Description
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Contents
1. Introduction: transnational law, judges, and refugees in the European Union H. Lambert; 2. Where is the reference? On the limited role of transnational dialogue in Belgian refugee law J.-Y. Carlier and D. Vanheule; 3. The use of foreign asylum jurisprudence in the German administrative courts P. Tiedemann; 4. Foreign law in Swedish judicial decision-making: still a rare occurrence R. Stern; 5. Foreign asylum law in Denmark - dualist tradition and domestic focus J. Vedsted-Hansen; 6. Transnational refugee law in the French courts: deliberate or compelled change in judicial attitudes? H. Lambert and J. Silga; 7. Thou shalt not judge... Spanish judicial decision-making in asylum and the role of judges in interpreting the law M.-T. Gil-Bazo; 8. The solipsistic monologue of Italian authorities F. Messineo; 9. The British judiciary and the search for reciprocal relations with its continental partners H. Lambert, with the assistance of R. Husain; 10. Judicial dialogue and refugee determination in Irish law: talking across borders S. Mullally; 11. Conclusion: one true way G. S. Goodwin-Gill.
