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Vol 25 No 1 Jan/Feb 2020

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International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

ISBN13: 9780199694907
Published: October 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £197.50

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Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation.

This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making.

The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.

Public International Law
1. Introduction
2. Australia
3. Austria
4. Bangladesh
5. Canada
6. China
7. Czech Republic
8. France
9. Germany
10. Greece
11. Hungary
12. Israel
13. Italy
14. Japan
15. Luxemburg
16. Netherlands
17. New Zealand
18. Nigeria
19. Poland
20. Portugal
21. Russia
22. Serbia
23. Slovakia
24. South Africa
25. Uganda
26. United Kingdom
27. United States
28. Venezuela