<i>Avena</i> and <i>Sanchez-Llamas</i> Come to Germany<sup>†</sup>

Jana Gogolin

in Comparative Law as Transnational Law

Published in print December 2011 | ISBN: 9780199795208
Published online January 2012 | e-ISBN: 9780199919307 | DOI:
Avena and Sanchez-Llamas Come to Germany†

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This chapter presents a case note from 2007 which analyzes a judgment of the Federal Constitutional Court that held that, with some limits, decisions of international tribunals should be given full force within Germany's domestic legal system. The United States Supreme Court's different resolution of a similar set of questions is an important comparative backdrop to the article. The Federal Constitutional Court's struggle to determine the domestic enforceability of a judgment of the International Court of Justice is described.

Keywords: Federal Constitutional Court; international tribunals; German law; domestic legal system; International Court of Justice

Chapter.  6934 words. 

Subjects: Public International Law

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