Research handbook on international law and domestic legal systems / edited by Helmut Philipp Aust (Professor of Public and International Law, Freie Universitt̃ Berlin, Germany), Heike Krieger (Professor of Public and International Law, Freie Universitt̃ Berlin, Chair Berlin Potsdam Research Group 'The International Rule of Law- Rise or Decline?') and Felix Lange (Professor of Public Law, International and European Law, University of Cologne, Germany).
2024
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Title
Research handbook on international law and domestic legal systems / edited by Helmut Philipp Aust (Professor of Public and International Law, Freie Universitt̃ Berlin, Germany), Heike Krieger (Professor of Public and International Law, Freie Universitt̃ Berlin, Chair Berlin Potsdam Research Group 'The International Rule of Law- Rise or Decline?') and Felix Lange (Professor of Public Law, International and European Law, University of Cologne, Germany).
Added Corporate Author
Edition
First.
Imprint
Northampton : Edward Elgar Publishing, 2024.
Description
1 online resource (436 pages).
Series
Research handbooks in international law.
Formatted Contents Note
Contents preface
1. Introduction: The domestic and the international in context / Felix Lange, Helmut Philipp Aust and Heike Krieger
Part I. Ideas
2. Domestic politics and international relations / Andrew Hurrell
3. The 'domestic' and 'international': A brief conceptual history / Martin Clark
4. Domestic law and 'civilized states': The general principles of law revisited / Imogen Saunders and Ntina Tzouvala
5. Demands of the international on the domestic / Jure Vidmar
6. From domestic law to international law: The acceptance of domestic legal rules between deference and autonomy / Paolo Palchetti
7. Analogizing the intersection of international law and domestic law: The European and American experience / Russell A. Miller
Part II. Techniques
8. International law-making: Domestic channels to express consent to be bound / Thomas Kleinlein
9. International and national law: Who has the last word? / Geir Ulfstein
10. International human rights and constitutional protections - towards a presumption of compatibility / Tamar Hostovsky Brandes
11. Undermining, resisting or developing international law? Domestic deviations from international law / Apollin Koagne Zouapet
12. The expansion of constitutional protections through international law / Praggya Surana
13. Conventionality control in the inter-american system of human rights and its reception in the peruvian legal order / Natalia Torres Zúñiga
Part III. Perspectives
14. Looking behind the façade of monism, dualism and pluralism / Dana Burchardt
15. International law and domestic law - a conflict of laws? / Ralf Michaels
16. Past and future of sovereign statehood / Andreas Paulus
17. International law and populist critique / Paul Blokker
18. Domestic governance as critique of international law: Beijing's 'sdg authoritarianism' and the contested future of human rights / Ryan Martínez Mitchell
19. International law in domestic legal systems and the future of universality / Congyan Cai
20. Cooperation and conflict: Diverging trends in the relationship between international and domestic law / Heike Krieger, Felix Lange and Helmut Philipp Aust.
1. Introduction: The domestic and the international in context / Felix Lange, Helmut Philipp Aust and Heike Krieger
Part I. Ideas
2. Domestic politics and international relations / Andrew Hurrell
3. The 'domestic' and 'international': A brief conceptual history / Martin Clark
4. Domestic law and 'civilized states': The general principles of law revisited / Imogen Saunders and Ntina Tzouvala
5. Demands of the international on the domestic / Jure Vidmar
6. From domestic law to international law: The acceptance of domestic legal rules between deference and autonomy / Paolo Palchetti
7. Analogizing the intersection of international law and domestic law: The European and American experience / Russell A. Miller
Part II. Techniques
8. International law-making: Domestic channels to express consent to be bound / Thomas Kleinlein
9. International and national law: Who has the last word? / Geir Ulfstein
10. International human rights and constitutional protections - towards a presumption of compatibility / Tamar Hostovsky Brandes
11. Undermining, resisting or developing international law? Domestic deviations from international law / Apollin Koagne Zouapet
12. The expansion of constitutional protections through international law / Praggya Surana
13. Conventionality control in the inter-american system of human rights and its reception in the peruvian legal order / Natalia Torres Zúñiga
Part III. Perspectives
14. Looking behind the façade of monism, dualism and pluralism / Dana Burchardt
15. International law and domestic law - a conflict of laws? / Ralf Michaels
16. Past and future of sovereign statehood / Andreas Paulus
17. International law and populist critique / Paul Blokker
18. Domestic governance as critique of international law: Beijing's 'sdg authoritarianism' and the contested future of human rights / Ryan Martínez Mitchell
19. International law in domestic legal systems and the future of universality / Congyan Cai
20. Cooperation and conflict: Diverging trends in the relationship between international and domestic law / Heike Krieger, Felix Lange and Helmut Philipp Aust.
Summary
"This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order. Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Research Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world. The Research Handbook on International Law and Domestic Legal Systems is a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations"-- Provided by publisher.
Source of Description
Description based on print record.
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Alternate Title
Elgaronline
Language
English
ISBN
9781800373167 (e-book)
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