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New Arrival Research Handbook on International Law and Domestic Legal Systems

Research Handbook on International Law and Domestic Legal Systems

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800373150
  • 出版时间 October 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,467.50

¥2,393.48 Save ¥74.03 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.

    Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world.

    The Research Handbook on International Law and Domestic Legal Systems/i> is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.

  • Preface xiv
    1.
    Introduction: the domestic and the international in context 1
    Felix Lange, Helmut Philipp Aust and Heike Krieger

    PART I. IDEAS
    2.
    Domestic politics and international relations 20
    Andrew Hurrell
    3.
    The ‘domestic’ and ‘international’: a brief conceptual history 37
    Martin Clark
    4.
    Domestic law and ‘civilized states’: the general principles of law revisited 57
    Imogen Saunders and Ntina Tzouvala
    5.
    Demands of the international on the domestic 78
    Jure Vidmar
    6.
    From domestic law to international law: the acceptance of domestic legal rules between deference and autonomy 99
    Paolo Palchetti
    7.
    Analogizing the intersection of international law and domestic law: the European and American experience 114
    Russell A. Miller

    PART II. TECHNIQUES
    8.
    International law-making: domestic channels to express consent to be bound 143
    Thomas Kleinlein
    9.
    International and national law: who has the last word? 166
    Geir Ulfstein
    10.
    International human rights and constitutional protections – towards a presumption of compatibility 182
    Tamar Hostovsky Brandes
    11.
    Undermining, resisting or developing international law? Domestic deviations from international law 200
    Apollin Koagne Zouapet
    12.
    The expansion of constitutional protections through international law 219
    Praggya Surana
    13.
    Conventionality control in the Inter-American system of human rights and its reception in the Peruvian legal order 239
    Natalia Torres Zúñiga

    PART III. PERSPECTIVES
    14.
    Looking behind the façade of monism, dualism and pluralism 262
    Dana Burchardt
    15.
    International law and domestic law – a conflict of laws? 280
    Ralf Michaels
    16.
    Past and future of sovereign statehood 306
    Andreas Paulus
    17.
    International law and populist critique 333
    Paul Blokker
    18.
    Domestic governance as critique of international law: Beijing’s ‘SDG
    authoritarianism’ and the contested future of human rights 352
    Ryan Martínez Mitchell
    19.
    International law in domestic legal systems and the future of universality 375
    Congyan Cai
    20.
    Cooperation and conflict: diverging trends in the relationship between international and domestic law 397
    Heike Krieger, Felix Lange and Helmut Philipp Aust

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