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Vol 21 No 11 Nov/Dec 2016

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The Intersection of International Law and Domestic Law: A Theoretical and Practical Analysis


ISBN13: 9781785361869
Published: November 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £70.00



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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.

The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation.

With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.

Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Subjects:
Conflict of Laws, Public International Law
Contents:
PART I INTRODUCTION
1. The Aim of the Book
2. Terminology and Preliminary Issues

PART II THEORIES ON THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW
3. Introductory Remarks
4. The Main Theories
5. Summary and Comments

PART III MONISM AND DUALISM IN PRACTICE
6. General Comments
7. The Treaty-making Process and Ratification of Treaties
8. Automatic Incorporation
9. Direct Effect
10. Principle of Consistent Interpretation
11. Remarks on the Judgment of the Supreme Court in the Ægisson-case
12. Remedies – Reparations
13. Application of Incorporated Treaties

Index