Описание: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Автор: Constantine Antonopoulos Название: Counterclaims before the International Court of Justice ISBN: 9067049794 ISBN-13(EAN): 9789067049795 Издательство: Springer Рейтинг: Цена: 12571.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines counterclaims presented at the International Court of Justice (ICJ) and its predecessor, the Permanent Court of International Justice, over its 65 year history. Includes analysis of the evolution of the procedures and practices of the ICJ.
Автор: Edgardo Sobenes Obregon; Benjamin Samson Название: Nicaragua Before the International Court of Justice ISBN: 3319629611 ISBN-13(EAN): 9783319629612 Издательство: Springer Рейтинг: Цена: 22359.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law.
The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
Описание: This book provides a conceptual and legal analysis of one of the most important challenges facing international organizations today: their exercise of sovereign powers. The book examines the exercise of sovereign powers by organizations such as the UN, the WTO, and the EU, and tackles the fundamental question of what values should constrain international organizations in their exercise of sovereign powers.
Описание: This book proposes a general theory of international courts that assumes member states are free to ignore international agreements and adverse court rulings, and that the court does not have any informational advantages. It demonstrates that international courts can facilitate cooperation with international law, but only within important political constraints.
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