Cantitate/Preț
Produs

Domestic Application of International Law: Focusing on Direct Applicability: International Law in Japanese Perspective, cartea 15

Autor Yuji Iwasawa
en Limba Engleză Hardback – 2 noi 2022
This book analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues that international law is presumed to be directly applicable, that the criteria for direct applicability are grounds to exclude rather than establish direct applicability, and that the positive intent of the parties should not be a criterion. It contends that direct applicability is a question of domestic law and that domestic legal force is a prerequisite for direct applicability. It also advocates a relative approach.
Citește tot Restrânge

Din seria International Law in Japanese Perspective

Preț: 86254 lei

Preț vechi: 105188 lei
-18% Nou

Puncte Express: 1294

Preț estimativ în valută:
16504 17278$ 13657£

Carte indisponibilă temporar

Doresc să fiu notificat când acest titlu va fi disponibil:

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9789004509863
ISBN-10: 9004509860
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Law in Japanese Perspective


Notă biografică

Yuji IWASAWA, Judge, International Court of Justice. Formerly Chairperson, Human Rights Committee (ICCPR) and Professor of International Law, University of Tokyo. S.J.D (Virginia), LL.M. (Harvard), LL.B. (Tokyo). His publications include International Law, Human Rights, and Japanese Law (Oxford, 1998).

Cuprins

Preface

Abbreviations

Table of Cases

1Introduction
A Increasing Importance of the Domestic Application of International Law

B Incorporation of International Law

C Different Sources of the Concept of Direct Applicability


2Concept of Direct Applicability: The International Approach
AAdvisory Opinion of the Permanent Court of International Justice on Jurisdiction of the Courts of Danzig

B The International Approach
1The International Covenant on Civil and Political Rights

2The International Covenant on Economic, Social and Cultural Rights

3The European Convention on Human Rights

4The American Convention on Human Rights

5The Genocide Convention

6The European Social Charter

7The ilo Conventions

8The Paris Convention for the Protection of Industrial Property


C Problems of the International Approach


3The Doctrine of Self-Executing Treaties in the United States
A Concept
1Directly Applicable and Executed without Legislation

2Direct Applicability and Domestic Legal Force of International Law
(a) Distinguishing Direct Applicability and Domestic Legal Force

(b) Relationship between Direct Applicability and Domestic Legal Force


3Creation of Individual Rights


B Question of Domestic Law

C Criteria
1Subjective Criteria
(a) Intent of the Parties

(b) Executive Intent

(c) Legislative Intent

(d) Declarations


2Objective Criteria
(a) Precision

(b) Subject Matter

(c) Legal Obligations

(d) Political Treaties

(e) International Procedures for Enforcement

(f) Formal Addressee

(g) Language of Contract


D Relative Approach


4Direct Effect of European Union Law
A Concept
1Origin of the Concept

2Direct Effect and Direct Applicability

3Creation of Individual Rights


B Question of EU Law

C Criteria
1Spirit, General Scheme, and Wording

2Precision

3Absence of Discretion

4Unconditionality

5Other Criteria
(a) Provisions Calling for Implementation

(b) Formal Addressee

(c) International Procedures for Enforcement

(d) Legal Obligations


D Regulations, Decisions, Directives, and International Agreements
1Regulations, Decisions, and Directives

2International Agreements


E Relative Approach
1Contextual Determination of Direct Applicability

2The Review of Legality of Member States’ Administrative or Legislative Actions

3Exclusion Effect and Substitution Effect

4Exclusion Effect and Direct Effect

5Primacy and Direct Effect

6Other Effects


F Direct Applicability in EU Law and International Law


5Domestic Application of International Law: A Framework of Analysis
A Concept of Direct Applicability of International Law
1Confusion of Concept

2Direct Applicability and Domestic Legal Force of International Law
(a) Distinguishing Direct Applicability from Domestic Legal Force

(b) Relationship between Direct Applicability and Domestic Legal Force


3Creation of Individual Rights

4Distinguishing Directly Applicable International Law from Law-Making Treaties


B Question of Domestic Law

C Criteria of the Direct Applicability of International Law
1Subjective Criteria
(a) Intent of the Parties

(b) Intent of the Executive and the Legislature


2Objective Criteria
(a) Precision

(b) Subject Matter

(c) Legal Obligations

(d) Political Treaties

(e) International Procedures for Enforcement

(f) Reciprocity

(g) Formal Addressee


D Relative Approach
1Contextual Determination of Direct Applicability

2Positive Application and Negative Application of International Law

3Exclusion Effect

4Standstill Effect

5Review of the Legality of National Measures

6Other Effects

7Advantages of the Relative Approach


6Customary International Law and Acts of International Organizations
A Direct Applicability of Customary International Law

B Direct Applicability of Acts of International Organizations
1Domestic Legal Force

2Direct Applicability

3Other Effects


7Judgments of International Courts
1 Domestic Enforcement of International Decisions
(a)International Arbitral Awards

(b)European Court of Justice

(c)European Court of Human Rights

(d)International Court of Justice

(e)World Trade Organization


2 Direct Enforceability

3 Acts of International Supervisory Bodies
(a)International Labour Organization

(b)United Nations Human Rights Treaty Bodies


4 Effects Other than Direct Enforceability

5 Authentic Interpretation and Authoritative Interpretation


Conclusion

Bibliography

Index