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Vol 22 No 7 July/August 2017

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The Practice of International and National Courts and the (De-)Fragmentation of International Law

Edited by: Ole Kristian Fauchald, André Nollkaemper

ISBN13: 9781849466639
Published: September 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £32.99
Hardback edition , ISBN13 9781849462471



Despatched in 6 to 8 days.

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of specific cases. National courts further add to the practice of adjudication of claims based on international law.

While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, this development also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well their actual practice in applying such law, will be coloured by national law.

Against the background of differing normative appraisals of the phenomenon of fragmentation, this book aims to enhance our understanding of how international and national courts can, and do, contribute to or mitigate problems associated with fragmentation. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing an improved basis for conclusions to be drawn in the final chapter. In particular this conclusion examines the principles and techniques that international and national courts have applied to counteract the negative effects of fragmentation.

Subjects:
Public International Law
Contents:
Part One International Courts
1. Introduction
2. One Law to Rule Them All: Should International Courts Be Viewed as Guardians of Procedural Order and Legal Uniformity? Yuval Shany
3. Customary Rules of Interpretation in the Practice of WTO Dispute Settlement Bodies Lukasz Gruszczynski
4. IMF-WTO Interaction: Institutional, Jurisdictional and Procedural Aspects Claus D Zimmermann
5. Sources of Law and Arbitral Interpretations of Pari Materia Investment Protection Rules Martins Paparinskis
6. The ECHR and its Normative Environment: Difficulties Arising from a Regional Human Rights Court's Approach to Systemic Integration Ragnar Nordeide

Part Two National Courts
7. The Systemic Integration of International Law by DomesticCourts: Domestic Judges as Architects of the Consistency of the International Legal Order Jean d'Aspremont
8. Legal Integration through Judicial Dialogue Tor-Inge Harbo
9. Judicial Dialogue in Multi-level Governance: The Impact of the Solange Argument Antonios Tzanakopoulos
10. Flux and Fragmentation in the International Law of State Jurisdiction: The Synecdochal Example of Canada's Domestic Court Conflicts over Accountability for International Human Rights Violations Robert J Currie and Hugh M Kindred
11. Immunities and Human Rights: Dissecting the Dialogue in National and International Courts Philippa Webb
12. Transjudicial Dialogue and Consistency in Human Rights Jurisprudence: A Case Study on Diplomatic Assurances against Torture Aristoteles Constantinides
13. Racial Discrimination in Japan: Unity, Diversity and International Law Timothy Webster
14. Subtle but Enduring - The Role of Domestic Courts in the Shaping of International Economic Law through Proper Interpretation of Domestic Law: The WTO Agreement before Swiss Courts Andreas R Ziegler
15. Conclusions Ole Kristian Fauchald and Andre Nollkaemper

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
To be published February 2018
Hart Publishing
£65.00
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
To be published December 2017
Hart Publishing
£27.99
Non-State Actors in International Law ISBN 9781509917839
To be published November 2017
Hart Publishing
£49.99
The Contractual Nature of the Optional Clause ISBN 9781509917686
To be published October 2017
Hart Publishing
£34.99
£66.66 + £13.33 VAT
(ePub)
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£45.82 + £9.17 VAT
(ePub)
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£55.00
£54.16 + £10.83 VAT
(ePub)
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£65.00
Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
Hart Publishing
£60.00
Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
Hart Publishing
£49.99 + £10.00 VAT
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International Law and Child Soldiers ISBN 9781509913831
Published January 2017
Hart Publishing
£24.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published October 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Complicity in International Criminal Law ISBN 9781509900084
Published October 2016
Hart Publishing
£55.00
Economic Sanctions and International Law (eBook) ISBN 9781782254737
Published August 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Economic Sanctions and International Law ISBN 9781849465908
Published August 2016
Hart Publishing
£65.00
Corruption and Human Rights Law in Africa ISBN 9781509908455
Published July 2016
Hart Publishing
£25.99
£70.00
£58.33 + £11.66 VAT
(ePub)
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
Hart Publishing
£55.00
Security and International Law (eBook) ISBN 9781782255895
Published April 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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Security and International Law ISBN 9781849466349
Published April 2016
Hart Publishing
£65.00
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
Hart Publishing
£60.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
Hart Publishing
£49.99 + £10.00 VAT
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Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
Hart Publishing
£70.00
Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
Hart Publishing
£58.33 + £11.66 VAT
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
Hart Publishing
£55.00
Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£83.32 + £16.67 VAT
(ePub)
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Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£26.99
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£100.00
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
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The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£70.00
International Law and Child Soldiers ISBN 9781849465205
Published December 2014
Hart Publishing
£55.00
International Law and Child Soldiers (eBook) ISBN 9781782254348
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
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£70.82 + £14.17 VAT
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Corruption and Human Rights Law in Africa ISBN 9781849466370
Published August 2014
Hart Publishing
£55.00
Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
Published August 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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£24.99 + £5.00 VAT
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Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
Published April 2014
Hart Publishing
£22.49 + £4.50 VAT
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Statelessness: The Enigma of the International Community ISBN 9781849465076
Published April 2014
Hart Publishing
£65.00
£70.82 + £14.17 VAT
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
Hart Publishing
£55.00
International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
Hart Publishing
£45.82 + £9.17 VAT
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£58.33 + £11.66 VAT
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
Hart Publishing
£70.00
An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
Hart Publishing
£58.33 + £11.66 VAT
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£62.49 + £12.50 VAT
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£33.32 + £6.67 VAT
(ePub)
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£40.00
£38.99
£32.49 + £6.50 VAT
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Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£70.00
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£58.33 + £11.66 VAT
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Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£90.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£74.99 + £15.00 VAT
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£65.00
£54.16 + £10.83 VAT
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
£62.49 + £12.50 VAT
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£75.00
£70.00
International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£95.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£62.49 + £12.50 VAT
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£75.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£70.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£54.99
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£24.99 + £5.00 VAT
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£30.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£32.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£80.00
£90.00
Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
£85.00
£65.00
Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£55.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£75.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£50.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£55.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£80.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£90.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£85.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
Hart Publishing
£120.00
£38.99
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£43.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£70.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£95.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£54.99
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£85.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£130.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£70.00