Using International Law in Domestic Courts

Shaheed Fatima KC KC (Autor)

Buch | Hardcover

504 Seiten

2005
Hart Publishing (Verlag)
978-1-84113-515-1 (ISBN)

Infos

This book - by a practitioner and for practitioners - explores how international law is and can be used in the domestic courts.

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International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

Autor

Shaheed Fatima is a Barrister at Blackstone Chambers, London. In February 2009 she will be a visiting lecturer in law at Harvard Law School.

Inhalt

PART I: SOURCING INTERNATIONAL LAW
1. INTERNATIONAL LAW IN DOMESTIC PRACTICE AREAS
2. SOURCES OF INTERNATIONAL LAW

PART II: USING INCORPORATING STATUTES AND INCORPORATED TREATIES
3. INCORPORATING STATUTES
4. INTERPRETING TREATIES: GENERAL PRINCIPLES
5. INTERPRETING TREATIES: SUPPLEMENTARY MEANS
6. THE EUROPEAN COMMUNITIES ACT 1972: A DIRECTLY INCORPORATING STATUTE
7. THE HUMAN RIGHTS ACT 1998: AN INDIRECTLY INCORPORATING STATUTE

PART III: USING UNINCORPORATED TREATIES
8. UNINCORPORATED TREATIES
9. UNINCORPORATED TREATIES AND LEGISLATION
10. UNINCORPORATED TREATIES AND COMMON LAW
11. UNINCORPORATED TREATIES, DISCRETION AND LEGITIMATE EXPECTATIONS

PART IV: JUDICIAL RESTRAINT, ACT OF STATE AND CUSTOMARY INTERNATIONAL LAW
12. JUDICIAL RESTRAINT AND ACT OF STATE
13. CUSTOMARY INTERNATIONAL LAW

Produkt-Details

• Erscheint lt. Verlag: 4.10.2005
• Verlagsort: Oxford
• Sprache: englisch
• Maße: 156 x 234 mm
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• ISBN-10: 1-84113-515-1 / 1841135151
• ISBN-13: 978-1-84113-515-1 / 9781841135151
• Zustand: Neuware