Journal Article

Giving Effect to Public International Law and European Community Law before Domestic Courts

Gerrit Betlem and André Nollkaemper

in European Journal of International Law

Published on behalf of The EJIL

Volume 14, issue 3, pages 569-589
Published in print June 2003 | ISSN: 0938-5428
Published online June 2003 | e-ISSN: 1464-3596 | DOI: https://dx.doi.org/10.1093/ejil/14.3.569
Giving Effect to Public International Law and European Community Law before Domestic Courts

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This paper explores differences and similarities in how domestic courts — mainly Dutch courts — apply two distinct forms of non‐domestic law: public international law and European Community law. The article focuses on the application of the principle that dominates practice in both areas: that courts should, whenever possible, construe national law in conformity with, respectively, public international law and European Community law. This article offers a systematic comparison of how courts employ this principle. On the basis of a detailed analysis of the relevant national case law...

Journal Article.  0 words. 

Subjects: Public International Law

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