Domestic Courts and the Rule of International Law

Hardcover | March 10, 2011

byAndre Nollkaemper

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This 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 powersby 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 SupremeCourt 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 riverNarmada 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 todetermine what such patterns mean for the protection of the rule of international law.

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This 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 powersby states. Key cases that will be reviewed i...

Andre Nollkaemper is Professor of Public International Law, University of Amsterdam

other books by Andre Nollkaemper

Distribution of Responsibilities in International Law
Distribution of Responsibilities in International Law

Kobo ebook|Sep 1 2015

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see all books by Andre Nollkaemper
Format:HardcoverDimensions:250 pages, 9.21 × 6.14 × 0.98 inPublished:March 10, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199236674

ISBN - 13:9780199236671

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Table of Contents

Introduction1. ConditionsJurisdictionValidity of International LawStandingIndependence2. TechniquesDirect ApplicationInterpretationReview of Administrative DiscretionProcedural Law3. RemediesPrevention or Determination of International Wrongs?Determination of International WrongsKey Features of the Implementation of International ResponsibilityRemedies4. DilemmasFinalityLegitimacyEffectivenessFragmentation