The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Author:   Helmut Philipp Aust (, Senior Research Fellow, Humboldt University Berlin) ,  Georg Nolte (, Professor of Law, Humboldt University Berlin; Member of the UN International Law Commission)
Publisher:   Oxford University Press
ISBN:  

9780198738923


Pages:   390
Publication Date:   21 January 2016
Format:   Hardback
Availability:   In Print   Availability explained
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The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence


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Author:   Helmut Philipp Aust (, Senior Research Fellow, Humboldt University Berlin) ,  Georg Nolte (, Professor of Law, Humboldt University Berlin; Member of the UN International Law Commission)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.20cm , Height: 2.80cm , Length: 23.70cm
Weight:   0.758kg
ISBN:  

9780198738923


ISBN 10:   0198738927
Pages:   390
Publication Date:   21 January 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

1: Georg Nolte: Introduction Part I: Foundations and Doctrinal Aspects 2: Michael Waibel: Principles of Treaty Interpretation - Developed for and Applied by National Courts 3: André Nollkaemper: Grounds for the Application of International Rules of Interpretation in National Courts 4: Eirik Bjorge: 'Contractual' and 'Statutory' Treaty Interpretation in Domestic Courts? Convergence around the Vienna Rules 5: Antonios Tzanakopoulos: Judicial Dialogue as A Means of Interpretation 6: Mathias Forteau: The Role of the International Rules of Interpretation for the Determination of Direct Effect of International Agreements 7: Peter Staubach: The Interpretation of Unwritten International Law by Domestic Judges Part II: The Practice of Domestic Courts in Context 8: Dire Tladi: Interpretation of Treaties in an International Law-Friendly Framework: the Case of South Africa 9: Alejandro Rodiles: The Law and Politics of the Pro Persona Principle in Latin America 10: Christian Djeffal: Dynamic and Evolutive Interpretation of the ECHR by Domestic Courts? An Inquiry into the Judicial Architecture of Europe 11: Julian Arato: Deference to the Executive: The US Debate in Global Perspective 12: Yukiko Takashiba: Gingerly Walking on the VCLT Frontier? Reflections from a Survey on the Interpretive Approach of the Japanese Courts to Treaties 13: Vik Kanwar: Treaty Interpretation in Indian Courts - Adherence, Coherence, and Convergence Part III: Unity, Diversity, Convergence: Theoretical Perspectives 14: Theresa Reinold: Diffusion Theories and the Interpretive Approaches of Domestic Courts 15: Achilles Skordas: Treaty Interpretation and Global Governance: The Role of Domestic Courts 16: Olga Frishman and Eyal Benvenisti: National Courts and Interpretive Approaches to International Law: The Case Against Convergence 17: Helmut Philipp Aust: Between Universal Aspiration and Local Application: Concluding Observations

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"Helmut Philipp Aust, Dr. iur., is a Senior Research Fellow at Humboldt University Berlin. He was previously a Research Fellow at the University of Munich as well as a Visiting Fellow at the Lauterpacht Centre of International Law at the University of Cambridge and a Visiting Scholar at Melbourne Law School. He is the author of ""Complicity and the Law of State Responsibility "" (CUP, 2011) and co-editor (with Bardo Fassbender) of ""Basistexte: Völkerrechtsdenken "" (Nomos/UTB, 2012). Apart from his expertise in the fields of state responsibility and treaty interpretation, his work is currently focusing on the growing role of cities as international actors. Georg Nolte, Dr. iur., is Professor of International Law at Humboldt University Berlin, and a member of the United Nations International Law Commission. He was previously Professor of Law at the Universities of Göttingen and Munich as held visiting positions at All Souls College, Oxford, Université Paris II, Wissenschaftskolleg zu Berlin, as well as at Princeton University. His most recent publications include ""The Charter of the United Nations - A Commentary "" (co-editor, 3rd ed., OUP, 2012) and ""Treaties and Subsequent Practice "" (editor, OUP, 2013). He is Speaker of the interdisciplinary research project ""The International Rule of Law - Rise or Decline? "" at Humboldt University."

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