Overview
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.
Full Product Details
Author: Davíd T. Björgvinsson
Publisher: Edward Elgar Publishing Ltd
Imprint: Edward Elgar Publishing Ltd
ISBN: 9781785361869
ISBN 10: 1785361864
Pages: 200
Publication Date: 27 November 2015
Audience:
College/higher education
,
Postgraduate, Research & Scholarly
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
'[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' -- Pall Hreinsson, EFTA-Court 'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' -- Gudmundur Alfredsson, University of Akureyri, Iceland
`[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' -- Pall Hreinsson, EFTA-Court `This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' -- Gudmundur Alfredsson, University of Akureyri, Iceland
‘[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.’ -- Páll Hreinsson, EFTA-Court ‘This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.’ -- Gudmundur Alfredsson, University of Akureyri, Iceland
Author Information
Davíd Thór Björgvinsson, Faculty of Law, University of Iceland and Former Judge, European Court of Human Rights
