International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Hardcover | October 15, 2011

EditorDinah Shelton

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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, aswell 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 27 countries throughout the world, it shows a growing tendency towardsgreater 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 strongerattachment 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 alsoexamined.

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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, aswell as problems relating to its implementatio...

Professor Dinah Shelton holds the Manatt/Ahn Professorship in International Law at the George Washington University Law School, where she has taught since 2004. Professor Shelton is the author of three prize-winning books, Protecting Human Rights in the Americas (co-authored with Thomas Buergenthal), Remedies in International Human Ri...

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Format:HardcoverDimensions:752 pages, 9.21 × 6.14 × 0.98 inPublished:October 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199694907

ISBN - 13:9780199694907

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Table of Contents

1. Dinah Shelton: Introduction2. Alice DeJonge: Australia3. Elizabeth Handl-Petz: Austria4. Bianca Karim and Tirza Theunissen: Bangladesh5. Stephane Beaulac, John H. Currie: Canada6. Jerry Z. LI and Sanzhuan Guo: China7. Alexander J. Belohlavek: Czech Republic8. Emmanuel Decaux: France9. Hans-Peter Folz: Germany10. Aggelos Yokaris: Greece11. Ernszt Ildiko-Drinoczi Timea: Hungary12. Talia Einhorn: Israel13. Giuseppe Cataldi: Italy14. Shin Hae Bong: Japan15. Patrick Kinsch: Luxemburg16. Evert A. Alkema: Netherlands17. John Hopkins: New Zealand18. Babafemi Akinrinade: Nigeria19. Anna Wyrozumska: Poland20. Francisco Ferreira de Almeida: Portugal21. Yury Tikhomirov: Russia22. Sanja Dajic: Serbia23. Dagmar Lantajova: Slovakia24. Erika de Wet: South Africa25. Henry Onoria: Uganda26. Stephen Neff: United Kingdom27. Paul R. Dubinsky: United States28. Eugenio Hernandez-Breton: Venezuela