Overview
There has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Supervisory bodies established to control compliance with treaty obligations have have experienced a similar development. National courts further add to the practice of adjudication of claims based on international law. While courts and supervisory bodies strengthen the adjudicatory process in international law, they also pose challenges to the unity of international law. Most of these bodies operate within their own special regime and will primarily interpret and apply international law accordingly. The role of domestic courts focuses on applying and giving effect to internaqtional law within the framework of national law. Both international and national courts have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK).
Full Product Details
Author: Ole Kristian Fauchald ,
Professor André Nollkaemper
Publisher: Bloomsbury Publishing PLC
Imprint: Hart Publishing
Dimensions:
Width: 15.60cm
, Height: 1.80cm
, Length: 23.40cm
Weight: 0.582kg
ISBN: 9781849466639
ISBN 10: 1849466637
Pages: 382
Publication Date: 28 August 2014
Audience:
Professional and scholarly
,
College/higher education
,
Professional & Vocational
,
Tertiary & Higher Education
Format: Paperback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
Reviews
The subject matter addressed in this edited volume is timely as international and national courts increasingly apply international law... This book provides a rich and complex survey of how fragmentation in international law is being countered (or not) by international and national courts through a wide variety of ways and means. It is important to note that it reads more as a series of substantive case-studies than as a comprehensive analysis of fundamental normative questions - a point which the editors acknowledge. This is understandable given that further scholarship, especially on the normative and empirical aspects, on the role of international and national courts in relation to fragmentation needs to be undertaken, and I believe that this book has contributed in no small way toward that effort. -- Tan Hsien-Li ASIL Cables, The Official Daily of the American Society of International Law Annual Meeting
The subject matter addressed in this edited volume is timely as international and national courts increasingly apply international law... This book provides a rich and complex survey of how fragmentation in international law is being countered (or not) by international and national courts through a wide variety of ways and means. It is important to note that it reads more as a series of substantive case-studies than as a comprehensive analysis of fundamental normative questions - a point which the editors acknowledge. This is understandable given that further scholarship, especially on the normative and empirical aspects, on the role of international and national courts in relation to fragmentation needs to be undertaken, and I believe that this book has contributed in no small way toward that effort. -- Tan Hsien-Li * ASIL Cables, The Official Daily of the American Society of International Law Annual Meeting *
The subject matter addressed in this edited volume is timely as international and national courts increasingly apply international law... This book provides a rich and complex survey of how fragmentation in international law is being countered (or not) by international and national courts through a wide variety of ways and means. It is important to note that it reads more as a series of substantive case-studies than as a comprehensive analysis of fundamental normative questions - a point which the editors acknowledge. This is understandable given that further scholarship, especially on the normative and empirical aspects, on the role of international and national courts in relation to fragmentation needs to be undertaken, and I believe that this book has contributed in no small way toward that effort. Tan Hsien-Li ASIL Cables, The Official Daily of the American Society of International Law Annual Meeting 28th March 2012
Author Information
Ole Kristian Fauchald is Professor of Law at the Department of Public and International Law, University of Oslo. André Nollkaemper is Professor of Public International Law and Director of the Amsterdam Center for International Law, University of Amsterdam.
