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Vol 21 No 11 Nov/Dec 2016

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National Courts and the Rule of International Law


ISBN13: 9780199236671
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £82.00
Paperback edition , ISBN13 9780199668151



Despatched in 3 to 5 days.

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.

  • Draws on a hugely innovative, and until now untapped, pool of new empirical data on the application of international law in domestic courts contained in Oxford's new online service ILDC
  • Examines one of the most pressing concerns of international legal theory today
  • Provides an analysis of key cases involving judicial control of the exercise of public powers by states; including the Hamdan, Adalah, and Narmada cases.

Subjects:
Public International Law
Contents:
Introduction

1. Conditions
Jurisdiction
Validity of International Law
Standing
Independence

2. Techniques
Direct Application
Interpretation
Review of Administrative Discretion
Procedural Law

3. Remedies
Prevention or Determination of International Wrongs
Determination of International Wrongs
Key Features of the Implementation of International Responsibility
Remedies

4. Dilemmas
Finality
Legitimacy
Effectiveness
Fragmentation