Domestic Jurisdiction

Domestic Jurisdiction
Author: Charles Brothers Hilson Fincham
Publisher:
Total Pages: 216
Release: 1948
Genre: Jurisdiction (International law).
ISBN:

Introduction to International Law

Introduction to International Law
Author: Marek St. Korowicz
Publisher: Springer Science & Business Media
Total Pages: 432
Release: 2013-06-29
Genre: Law
ISBN: 940119226X

This book in its entirety as well as in each of its parts is an outline of the problems under discussion. The subject matter of some eighty sections of the book is extensive; it could, indeed, be presented by ex perts in as many volumes. This study offers an attempt to formulate a synthesis, however difficult, of the vast amount of available material. Unlike the well-known standard Introductions to International Law which deal with all the major fields of international law, this book treats exclusively the present conceptions of that law as expressed in legal literature, international treaties and other agreements, inter national judgements and awards, governmental and diplomatic state ments and the like. Special attention is devoted, in several chapters of the book, to the "teachings of the most highly qualified publicists of the various nations" which are considered by Article 38 paragraph 1 (d) of the Statute of the International Court of Justice as "subsidiary means for the determination ofrules of law. " An endeavor is made to ascertain whether in certain fields of the theory of international law a "Communis opinio doctorum" has either been reached or is in the process of achievement. Some readers may consider that there are too many quotations from writings of publicists; others will certainly feel - as does this writer - that too many outstanding international lawyers have not been included.

International Law in Domestic Courts

International Law in Domestic Courts
Author: André Nollkaemper
Publisher: Oxford University Press
Total Pages: 769
Release: 2018-11-22
Genre: Law
ISBN: 0191060259

The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals

The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals
Author: Reza Eftekhar
Publisher: Nijhoff International Investme
Total Pages: 455
Release: 2021
Genre: Law
ISBN: 9789004469594

"The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--