National Courts and the International Rule of Law

Paperback | November 15, 2012

byAndre Nollkaemper

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This book explores the way domestic courts contribute to the maintenance of the international of 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 explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of theinternational rule of law.

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This book explores the way domestic courts contribute to the maintenance of the international of 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...

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

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Format:PaperbackDimensions:384 pagesPublished:November 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199668159

ISBN - 13:9780199668151

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Table of Contents

1. IntroductionI Conditions2. Jurisdiction3. Independence4. Applicable Law5. StandingII The Application of International Law6. Direct Effect7. Consistent Interpretation8. ReparationIII External Effects9. Fragmentation10. Authority11. Supremacy RestrainedIV Conclusion12. Concluding Remarks: Bringing Together the International and the National Rule of Law