The intersection of international law and domestic law : a theoretical and practical analysis / Davíd Thór Björgvinsson, Professor of iCourts, University of Copenhagen, Faculty of Law, Denmark and University of Iceland, Iceland, former Judge of the European Court of Human Rights.

Format:

Book

Author/Creator:

Davíð Þór Björgvinsson, author.

Language:

English

Subjects (All):

International and municipal law.

Physical Description:

1 online resource (200 p.)

Place of Publication:

Cheltenham, United Kingdom : Edward Elgar Publishing, [2015]

Language Note:

English

Summary:

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Contents:

Cover; Copyright; Contents; Preface; 1. Introduction; PART I Theories on the relationship between international law and domestic law; 2. The main theories; PART II Monism and dualism in practice; 3. The treaty-making process and ratification of treaties; 4. Automatic incorporation or transformation; 5. Direct effect; 6. Principle of consistent interpretation; 7. Remarks on the judgment of the Supreme Court in the Ægisson case; 8. Remedies and reparations; 9. Application of incorporated treaties; Bibliography; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78536-187-2