Netherlands Yearbook of International Law - 2003

Netherlands Yearbook of International Law - 2003
Author: Niels M. Blokker
Publisher: Cambridge University Press
Total Pages: 548
Release: 2011-01-07
Genre: Juvenile Nonfiction
ISBN: 9789067041881

Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles.

The Rule of Law at the National and International Levels

The Rule of Law at the National and International Levels
Author: Machiko Kanetake
Publisher: Bloomsbury Publishing
Total Pages: 489
Release: 2016-04-21
Genre: Law
ISBN: 1782256156

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

Akehurst's Modern Introduction to International Law

Akehurst's Modern Introduction to International Law
Author: Alexander Orakhelashvili
Publisher: Routledge
Total Pages: 807
Release: 2022-02-28
Genre: Law
ISBN: 1000522083

First published in 1970, Akehurst’s Modern Introduction to International Law rapidly established itself as a widely used and successful textbook in its field. Being the shortest of all the major textbooks in this area, it continues to offer a concise and accessible overview of the concepts, themes, and issues central to the growing system of international law, while retaining Akehurst’s original positivist approach that accounts for the essence and character of this system of law. This new ninth edition has been further revised and updated by Alexander Orakhelashvili to take account of a plethora of recent developments and updates in the field, accounting for over forty decisions of international and national courts, as well as a number of treaties and major incidents that have occurred since the eighth edition of this textbook was published. Based on transparent methodology and with a distinctive cross-jurisdictional approach which opens up the discipline to students from all backgrounds, this engaging, well-structured, and reputable textbook will provide students with all the tools, methods, and concepts they need to fully understand this complex and diverse subject. It is an essential text for all undergraduate and postgraduate students of international law, government and politics, and international relations. This book is one of the only textbooks in international law to offer a fully updated, bespoke companion website: www.routledge.com/cw/orakhelashvili.

Separating Powers: International Law before National Courts

Separating Powers: International Law before National Courts
Author: David Haljan
Publisher: Springer Science & Business Media
Total Pages: 335
Release: 2012-10-30
Genre: Law
ISBN: 9067048585

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.