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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Role of Domestic Courts in Treaty Enforcement: A Comparative Study

Edited by: David Sloss

ISBN13: 9781107633742
Published: February 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2009)
Price: £45.99
Hardback edition , ISBN13 9780521877305

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This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

The analysis shows that domestic courts in eight of the twelve countries – Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom – generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States.

In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. U.S. courts’ reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

  • Provides a comparative analysis of the role played by domestic courts in the application of treaties
  • Shows that domestic courts in many countries actually do enforce treaty-based rights on behalf of private parties

Comparative Law, Public International Law
1. Introduction
David Sloss
2. Does international law obligate states to open their national courts to persons for the invocation of treaty norms that protect or benefit persons?
Sean D. Murphy
3. Australia
Donald R. Rothwell
4. Canada
Gib Van Ert
5. China
Xue Hanqin and Jin Qian
6. Germany
Andreas Paulus
7. India
Nihal Jayawickrama
8. Israel
David Kretzmer
9. Netherlands
Andre Nollkaemper
10. Poland Lech Garlicki,
Małgorzata Masternak-Kubiak, and Krzysztof Wójtowicz
11. Russia
William E. Butler
12. South Africa
John Dugard
13. United Kingdom
Anthony Aust
14. United States
David Sloss
15. The role of domestic courts in treaty enforcement: summary and conclusions
Michael P. Van Alstine.