The role of domestic courts in treaty enforcement : a comparative study / edited by David Sloss.

Format:

Book

Contributor:

Sloss, David, editor.

Language:

English

Subjects (All):

Treaties.

International and municipal law.

Jurisdiction.

Jurisdiction (International law).

Physical Description:

1 online resource (xxix, 626 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2009.

System Details:

text file

PDF

Summary:

This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis shows that domestic courts in eight of the twelve countries - Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom - generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States. In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. US courts' reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order.

Contents:

Treaty enforcement in domestic courts : a comparative analysis / David Sloss

Does international law obligate states to open their national courts to persons for the invocation of treaty norms that protect or benefit persons? / Sean D. Murphy

Australia / Donald R. Rothwell

Canada / Gib van Ert

Germany / Andreas L. Paulus

India / Nihal Jayawickrama

Israel / David Kretzmer

The Netherlands / André Nollkaemper

Poland / Lech Garlicki, Małgorzata Masternak-Kubiak, and Krzysztof Wójtowicz

Russian Federation / William E. Butler

South Africa / John Dugard

United Kingdom / Anthony Aust

United States / David Sloss

The role of domestic courts in treaty enforcement : summary and conclusions / Michael P. Van Alstine.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511635458

Access Restriction:

Restricted for use by site license.