The intersection of international law and domestic law : a theoretical and practical analysis / Davíd Thór Björgvinsson.
2015
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Author
Title
The intersection of international law and domestic law : a theoretical and practical analysis / Davíd Thór Björgvinsson.
Added Corporate Author
Imprint
Cheltenham : Edward Elgar Pub. Ltd., 2015.
Description
1 online resource (200 pages) ; cm
Series
Elgaronline.
Formatted Contents Note
pt. 1. Introduction
pt. 2. Theories on the relationship between international law and domestic law
pt. 3. Monism and dualism in practice.
pt. 2. Theories on the relationship between international law and domestic law
pt. 3. Monism and dualism in practice.
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.
Note
Includes index.
Linked Resources
Language
English
ISBN
9781785361876 e-book
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