Book

International Law and Domestic Legal Systems

Edited by Dinah Shelton

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199694907.001.0001
International Law and Domestic Legal Systems

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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 twenty-seven 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.

Keywords: international law; international legal order; domestic legal systems; treaty-making; judicial decision-making; human rights

Book.  752 pages.  Illustrated.

Subjects: Public International Law

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Table of Contents

Introduction in International Law and Domestic Legal Systems

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Australia in International Law and Domestic Legal Systems

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Austria in International Law and Domestic Legal Systems

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Bangladesh in International Law and Domestic Legal Systems

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Canada in International Law and Domestic Legal Systems

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China in International Law and Domestic Legal Systems

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The Czech Republic in International Law and Domestic Legal Systems

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France in International Law and Domestic Legal Systems

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Germany in International Law and Domestic Legal Systems

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Greece in International Law and Domestic Legal Systems

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