National Courts and the International Rule of Law
By (author) Andre Nollkaemper
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National Courts and the International Rule of Law by Andre Nollkaemper
Book DescriptionThis book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book primarily explores what it is that international law requires, expects, or aspires that domestic courts do, and against this backdrop of what international law requires it seeks to map patterns of domestic practice in the actual or possible application of international law, and to determine what such patterns mean for the protection of the rule of international law.
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Book DetailsISBN: 9780199236671
(238mm x 156mm x 30mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 24-Feb-2011
Country of Publication: United Kingdom
Books By Author Andre Nollkaemper
Principles of Shared Responsibility in International Law, Paperback (October 2016)
This book reviews the ability of current international responsibility law to address situations where multiple actors combine to produce harmful outcomes.
Rule of Law at the National and International Levels, Hardback (March 2016)
This book aims to enhance understanding of the interactions between the international and national rule of law. The book demonstrates that the international rule of law is not merely about ensuring national compliance with international law.
Distribution of Responsibilities in International Law, Hardback (September 2015)
Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
Practice of International and National Courts and the (De-)Fragmentation of International Law, Paperback (August 2014)» View all books by Andre Nollkaemper
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 (eg WTO, IMF, ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK).
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Author Biography - Andre Nollkaemper
Andre Nollkaemper is Professor of Public International Law, University of Amsterdam
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