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Vol 21 No 11 Nov/Dec 2016

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Using International Law in Domestic Courts


ISBN13: 9781841135151
ISBN: 1841135151
New Edition ISBN: 9781849461504
Published: October 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



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International law is increasingly referred to and utilised in English courts, in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases.

Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts.

The book presents in a distilled format the relevant principles of law, and their application, in this area and provide a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts.

While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

Subjects:
Public International Law, Courts and Procedure
Contents:
PART I: SOURCING INTERNATIONAL LAW
1. INTERNATIONAL LAW IN DOMESTIC PRACTICE AREAS
2. SOURCES OF INTERNATIONAL LAW

PART II: USING INCORPORATING STATUTES AND INCORPORATED TREATIES
3. INCORPORATING STATUTES
4. INTERPRETING TREATIES: GENERAL PRINCIPLES
5. INTERPRETING TREATIES: SUPPLEMENTARY MEANS
6. THE EUROPEAN COMMUNITIES ACT 1972: A DIRECTLY INCORPORATING STATUTE
7. THE HUMAN RIGHTS ACT 1998: AN INDIRECTLY INCORPORATING STATUTE

PART III: USING UNINCORPORATED TREATIES
8. UNINCORPORATED TREATIES
9. UNINCORPORATED TREATIES AND LEGISLATION
10. UNINCORPORATED TREATIES AND COMMON LAW
11. UNINCORPORATED TREATIES, DISCRETION AND LEGITIMATE EXPECTATIONS

PART IV: JUDICIAL RESTRAINT, ACT OF STATE AND CUSTOMARY INTERNATIONAL LAW
12. JUDICIAL RESTRAINT AND ACT OF STATE
13. CUSTOMARY INTERNATIONAL LAW
Index