International law in domestic courts : rule of law reform in post-conflict states / Edda Kristjansdottir, Andre Nollkaemper, Cedric Ryngaert (editors).
2012
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Title
International law in domestic courts : rule of law reform in post-conflict states / Edda Kristjansdottir, Andre Nollkaemper, Cedric Ryngaert (editors).
Imprint
Cambridge : Intersentia, 2012.
Description
1 online resource (xiii, 335 pages) : digital, PDF file(s).
Series
Series on transitional justice ; v. 9.
Formatted Contents Note
Introduction / Edda Kristjánsdóttir, André Nollkaemper, and Cedric Ryngaert
Lost in translation? : domestic courts, international law and rule of law "a la carte" / Stéphane Beaulac
International law in the Russian courts in transitional situations / Sergei Yu. Marochkin
Thickening the rule of law in transition : the constitutional entrenchment of economic and social rights in South Africa / Evelyne Schmid
Judicial activism and the use of international law as a gap-filler in domestic law : the case of forced disappearances committed during the armed conflict in Nepal / Rishikesh Wagle
International law and Iraqi courts / Haider Ala Hamoudi
Constitutionalism without governance : international standards in the Afghan legal system / Ebrahim Afsah
Understandings of international law in Rwanda : a contextual approach / Nicola Palmer
Virtuous flexibility : the application of international human rights norms by the Bosnian Human Rights Chamber / Antoine Buyse
War Crimes Chamber of the Court of Bosnia and Herzegovina : seeding "international standards of justice"? / Katerina Uhlířová
Prosecution of war crimes in Bosnian cantonal and district courts : the role of the rule of law / Sanja Popovic
War crimes prosecution in a post-conflict era and a pluralism of jurisdictions : the experience of the Belgrade War Crimes Chamber / Sharon Weill and Ivan Jovanović
The treatment of occupation legislation by courts in liberated territories / Eyal Benvenisti and Michal Saliternik
The use and abuse of international law : choice of applicable criminal law in post-conflict East Timor / Yaël Ronen
Concluding observations / Edda Kristjánsdóttir, André Nollkaemper, and Cedric Ryngaert.
Lost in translation? : domestic courts, international law and rule of law "a la carte" / Stéphane Beaulac
International law in the Russian courts in transitional situations / Sergei Yu. Marochkin
Thickening the rule of law in transition : the constitutional entrenchment of economic and social rights in South Africa / Evelyne Schmid
Judicial activism and the use of international law as a gap-filler in domestic law : the case of forced disappearances committed during the armed conflict in Nepal / Rishikesh Wagle
International law and Iraqi courts / Haider Ala Hamoudi
Constitutionalism without governance : international standards in the Afghan legal system / Ebrahim Afsah
Understandings of international law in Rwanda : a contextual approach / Nicola Palmer
Virtuous flexibility : the application of international human rights norms by the Bosnian Human Rights Chamber / Antoine Buyse
War Crimes Chamber of the Court of Bosnia and Herzegovina : seeding "international standards of justice"? / Katerina Uhlířová
Prosecution of war crimes in Bosnian cantonal and district courts : the role of the rule of law / Sanja Popovic
War crimes prosecution in a post-conflict era and a pluralism of jurisdictions : the experience of the Belgrade War Crimes Chamber / Sharon Weill and Ivan Jovanović
The treatment of occupation legislation by courts in liberated territories / Eyal Benvenisti and Michal Saliternik
The use and abuse of international law : choice of applicable criminal law in post-conflict East Timor / Yaël Ronen
Concluding observations / Edda Kristjánsdóttir, André Nollkaemper, and Cedric Ryngaert.
Summary
States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.
Note
Title from publisher's bibliographic system (viewed on 18 Dec 2020).
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Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781839700729 (ebook)
9781780680415 (hardback)
9781780680415 (hardback)
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